LB 


IRLF 


$B    20    602 


GIFT  OF 


SCHOOL  LAWS 


Free  Public  Schools 


OF  THE 


State  of  Delaware 


1898-1909 


PUBLISHED  BY  AUTHORITY  OF  GENERAL  ASSEMBLY 


»»»««»»+«»»»»«.»«»»»»«»»»»»»»««»»»«»»•»»»•»»*»»•»»»» 


SCHOOL  LAWS 


FOR 


FREE  PUBLIC  SCHOOLS 


OF    THE 


State  of  Delaware 


1898=1909 


Published  by  Authority  of  the  General  Assembly 


1909 

THE  SMYRNA  TIMES"   PRINT. 
Smyina,  Delaware 


PROVISIONS   OF   CONSTITUTION   RELATING   TO   PUBLIC 
SCHOOLS 


ARTICLE    X. 
EDUCATION. 

Section  1.  The  General  Assembly  shall  provide  for  the  estab- 
lishment and  maintenance  of  a  general  and  efficient  system  of  free 
public  schools,  and  may  require  by  law  every  child,  not  physically 
or  mentally  disabled  shall  attend  the  public  school,  unless  educated 
by  other  means. 

Section  2.  In  addition  to  the  income  of  the  investments  of  the 
Public  School  Fund,  the  General  Assembly  shall  make  provision  for 
the  annual  payment  of  not  less  than  one  hundred  thousand  dollars  for 
the  benefit  of  the  free  public  schools  which,  with  the  income  of  the 
investments  of  the  Public  School  Fund,  shall  be  equitably  appor- 
tioned among  the  school  districts  of  the  State  as  the  General  Assem- 
bly shall  provide;  and  the  money  so  apportioned  shall  be  used  ex- 
clusively for  the  payment  of  the  teachers' salaries  and  for  furnishing 
free  text  books;  provided,  however,  that  in  such  apportionments,  no 
distinction  shall  be  made  on  account  of  race  or  color,  and  separate 
schools  for  white  and  colored  children  shall  be  maintained.  All  other 
expenses  connected  with  the  maintenance  of  free  public  schools,  and 
all  expenses  connected  with  the  erection  or  repair  of  free  public 
school  buildings  shall  be  defrayed  in  such  manner  as  shall  be  provid- 
ed by  law. 

Section  3.  No.  portion  of  any  fund  now  existing,  or  which  may 
hereafter  be  appropriated,  or  raised  by  tax,  for  educational  purposes, 
shall  be  appropriated  to,  or  used  by,  or  in  aid  of  any  sectarian, 
church  or  denominational  school ;  provided,  that  all  real  and  personal 
property  used  for  school  purposes,  where  the  tuition  is  free,  shall  be 
exempt  from  taxation  and  assessment  for  public  purposes. 

Section  4.  No  part  of  the  principal  or  income  of  the  Public 
School  Fund,  now  or  hereafter  existing,  shall  be  used  for  any  other 
purpose  than  the  support  of  free  public  schools. 


242661 


CHAPTER  67,  VOLUME  21. 

AN  ACT  CONCERNING  THE  ESTABLISHMENT  OF  A  GENERAL 
SYSTEM  OF  FREE  PUBLIC  SCHOOLS. 

Be  it  enacted  by  the  Senate  and   House    of  Representatives 
of  the  State  of  Delaware  in  Genet al  Assembly  met: 

Section  1.     The  general  supervision  and  control  of  the 
free  public  schools  of  this  State,  including  those  for  colored 
children,  shall   be  vested  in  a   State   Board  of  Education ;  |^te  Beard  of 
which  shall  be  composed  of  the  Governor,  the  Secretary  of 
State,  the  President  of   Delaware  College,  the  State   Audi- 
tor, and  the  senior  member  of   each  County  School   Com- 
mission by  this  Act  created,  as  members  by  virtue  and  dur-Term 
ing  the  continuance  of  their  office. 

The  Governor  shall  be  the  President  and  the   Audi  tor  officers  of 
shall  be  the  Secretary  of  the  said  State  Board  of  Education. 
The  said  State  Board  shall  hold  meetings  quarterly,  during  Meetings 
the  last  week  in  each  of  the  months  of  September,  Decem- 
ber, March  and  June  in  each  year,  in  the  office  of  the  Au- 
ditor at  Dover,  and  may  hold   special  meetings  at   the  call 
of  the  President  (or  Secertary).     The  first  meeting  of  the  First  Meeting 
said  State  Board  herein  created,  shall  be  on  Saturday,  the 
twenty-fifth  day  of  June,  in  the  year  eighteen  hundred  and 
ninety-eight,  at  eleven  o'clock  in  the  forenoon.     Four  mem- 
bers shall  constitute  a  quorum  to  do  business,  but  a  lessQu<>™m 
number  may  adjourn  from  time  to   time  until  a  quorum  is 
secured. 

In  any  case  where,  under  the  Constitution,  the  powers  Person  fining 
and  duties  of  the  office  of  Governor  devolve  upon  some  per- oeS^of  GOT- 
son  other   than  he  who  was  elected  to  fill  said  office,  such  member  of 
persons  shall   take  the  place  of   the  Governor  upon   saidBc 
State  Board  so  long  as  he  shall  continue  to  act  as  Governor 
under  the   said   Constitution.     Before   entering  upon   theoath 
duties  of  their  office,  the  members  shall  be  severally  sworn 
or  affirmed  to  well  and  faithfully  execute  and  discharge  the 
duties  of  their  said  office.      Any   member  may  administer 
such  oath  or  affirmation. 


Section  2.     The  State  Board  of   Education  shall  have 
loan?  of  St  e  power  to   make  all  by-laws   requisite  for   its  own   govern- 
ment, and  to   prescribe  and  cause  to  be   enforced  all   rules 
By-iaws,  rules  and  regulations  necessary  and  proper  for  the  execution  of 
5onsrofUBoard  the  powers  and  duties  vested  in  it  by  the  provisions  of  this 
Act,  and  tending  to   the  advancement  of   the  standard  of 
instruction  and  education  in  the  free  public  schools,  and  to 
rendering  the  school  system  uniform  throughout  the  State. 


Examination  >    ^  stated  periods,  compile  or  cause  to  be  corn- 

papers  piled  a  set  of  examination  papers,  which  examination  pa* 

pers  shall  be  as  nearly  equal  as  to  the  said  State  Board 
shall  seem  advisable,  for  all  the  teachers  in  all  the  free 
schools  for  white  children  throughout  the  State;  and 
another  set  of  examination  papers  which  shall  be  as  nearly 
equal  as  to  the  State  Board  seems  advisable,  for  all  the 
teachers  in  the  free  schools  for  colored  children.  Provid- 
ed, however,  that  in  the  case  of  teachers  in  graded  schools, 
a  different  set  of  examination  papers,  adapted  to  the  vari- 

Graded  schools  ous  ^ra^es,  may  be  framed.  The  said  examination  papers 
shall  be  composed  of  questions  on  pedagogy,  orthography, 
reading,  writing,  mental  and  written  arithmetic,  geogra- 

Bubjei?nsat°ifon  phy'  nistorv  of  the  United  States,  the  Federal  and  State 
Constitutions,  English  Grammar,  physiology  and  hygiene, 
with  special  reference  to  the  effects  of  alcoholic  drinks.stim- 
ulants  and  narcotics  upon  the  human  system,  and  on  any 
other  subjects  or  branches  of  knowledge  which  the  said 

New  examina  State  Board  shall  deem  proper.  New  sets  of  examination- 
papers  shall  be  compiled  as  aforesaid,  from  time  to  time, 
or  former  sets  so  revised  or  altered,  as  that  no  advantage 
may  or  can  be  gained  by  an  applicant  for  a  certificate  from 
having  been  present  at  any  previous  examination. 

Adoption  of  The  State  Board  of  Education  shall,  at  its  first  meeting 

held  under  this  Act,  adopt  a  list  of  text  books  to  be  fur- 

contracts  nished  the  schools,  as  hereinafter  provided,  and  make  con- 
tracts  for  the  rates  at  which  such  books  shall  be  furnished 
which  list  shall  be  the  same  throughout  the  State;  and 
shall  have  full  power  and  authority  to  make  any  changes 
in  said  list,  or  to  compile  new  lists  at  any  subsequent  meet- 
ing, which  to  it  shall  seem  proper  and  advisable  for  the 


cause  of  education.       Such  lists  shall  always  include  books 
upon   physiology   and  hygiene,  with  special    reference   to 
the  effects  of  alcholic  drinks,  stimulants  and  narcotics  upon 
the  human  system.      It  shall  have  jurisdiction  to  hear  and 
determine   finally   all    appeals   from  the   several   County 
School  Commissions  hereinafter  created,  and  all  appeals  of AppealR 
teachers,  applicants  for  certificates,  county  superintendents 
and  members  of  school  committees  and  boards  of  education. 
It  shall  issue  a  uniform  series  of  blanks  for  the  reports 
of  teachers,  and  for  those  of  any  other  school  officer,  which  Blank* 
it  shall  deem  advisable  to    be  made  for  the  advancement  of 
education,  the  collection  of   statistics  and  the  like   for  the 
clearer  knowledge  of  the  condition  of  the  schools   through- 
out the  State;  and  shall  require  all  records   to  be  kept  and 
returns  to  be  made  according  to  such  forms.    It  shall  make  Report, 
report    to   each    General    Assembly    of    the    work    done, 
and   suggest  any   alterations   or  amendments   in  the   then 
existing  school  laws.      The   members  shall  receive  no  sala- 
ries or  remuneration  for  their  office,  but  each,  exclusive  of 
the  Governor,  Secretary  of  State  and  Auditor,  shall  be  paid 
five  dollars  for  each  day  actually  spent  in  attendance  atperdien* 
the   meetings  of  the  Board;  provided,  that  not  more  than 
thirty  dollars  in  any  one  year  shall  be  allowed  to  any  one 
member  for  such  attendance.      The  said  allowance  shall  be 
paid  by  the  State  Treasurer  to  the  said  members,  upon  thepa5'ment 
warrant  of  the  Governor,  out  of  the  general  fund  of  the 
State.     The  said  State  Treasurer  shall  further  pay  all  the 
reasonable  and  proper    bills  incurred    by  the   said  State  Bil]s  for 
Board  for  printing  and  postage  authorized  under  the  provi-  printing,  etc^ 
sions  of  this  Act,  out  of  the  general  fund  aforesaid,  upon 
being  presented  with  proper  vouchers  therefor  by  its  secre- 
tary.   Whenever  the  State  Board  of  Education  shall  hear  any  rSSwming 
appeals  or  take  under  consideration  any  matters  or  things, colored 
concerning  the  free   schools  for   colored   children  in   this 
State,  or  teachers  in,  or  officers  over,  such  schools,  the  Pre- 
sident of  the  State  College  for  Colored  Students  shall  sit  aswnotosit. 
a  member  of  the  said  State  Board  in  the  place  and  stead  of 
the  President  of   Delaware  College,  and  it  is  hereby  made 
the  duty  of  the  Secretary  of  said  State  Board  to  give  notice  Notice 
to  the  said  President  of  the  State  College   for  colored  Stu- 


8 


Proviso 


Supervision 
of  county 
School  Com- 
mission 


How  commis- 
sion is  com- 
posed 


Appointment 


Arrangement 
of  terms 


Political  com- 
plexion 


Senior 


Meetings  of 
County  Com- 
missions 


Place 


dents  whenever  such  appeals,  matters  or  things  as  afore- 
said, shall  come  up  for  hearing  or  consideration  by  the  said 
State  Board;  provided,  that  nothing  in  this  Act  shall  be 
deemed  or  taken  to  confer  upon  said  President  of  the  State 
College  for  Colored  Students  any  right  or  authority  to  at- 
tend at,  or  sit  as  a  member  of,  or  have  any  voice  or  vote  in 
the  meetings  of  the  said  State  Board  of  .Education  except 
in  the  case  of  appeals  and  matters  and  things  affecting 
schools  for  colored  children  as  aforesaid,  and  no  other. 

Section  3.  The  supervision  of  all  the  free  public 
schools,  including  those  for  colored  children,  in  each  of  the 
counties  of  this  State,  subject  to  the  general  supervision 
and  control  hereinbefore  vested  in  the  State  Board  of  Edu- 
cation, shall  be  vested  in  a  County  School  Commission  for 
each  County.  The  said  Commission  shall  be  composed  of 
three  members,  no  more  than  two  of  whom  shall  be  of  the 
same  political  party.  They  shall  be  appointed  by  the  Gov- 
ernor, and  hold  office  for  three  years,  or  until  their  succes- 
sors are  duly  qualified;  provided,  however,  that  in  the  ap- 
pointment of  the  first  set  of  County  School  Commissoners 
under  this  Act,  one  member  of  each  of  said  Commissions 
shall  be  appointed  for  one  year,  one  for  two  years  and  one 
for  three  years,  for  each  county;  and  provided  further, 
that  in  the  apportionment  of  said  first  set  of  said  Commis- 
sioners for  the  several  counties,  not  more  than  two  of  either 
the  one  year  members,  or  the  two  year  members,  or  three 
year  members,  shall  be  of  the  same  politcal  party. 

In  the  appointment  of  said  first  "set  of  Commissions, 
the  member  appointed  for  each  county  for  one  year,  shall 
be  the  senior  member  during  the  first  year;  the  member 
appointed  for  two  years,  shall  be  the  senior  member  the 
second  year;  and  thereafter  the  member  serving  for  his 
third  year  in  the  appointment  of  any  set  of  said  Commis- 
sions, shall  be  the  senior  member. 

Each  County  School  Commission  shall  hold  meetings 
quarterly,  during  the  first  week  in  the  months  of  Septem- 
ber, December,  March  and  June,  in  each  year,  in  the  office 
of  the  County  Treasurer,  or  some  other  convenient  place, 
in  its  respective  County.  Special  meetings  may  be  held 


9 

upon  the  call  of  any   two  members.     The  first  stated  meet-  meetings 
ing  of  each  of  the  County  School  Commissions  created  by  First  meeting 
this  Act,  shall  be  held  on  Saturday,  the  fourth  day  of  June 
in  the  year   eighteen  hundred   and  ninety-eight  at  eleven 
o'clock  in  the  forenoon.     The  senior  member  of  the   Com-0fficers 
mission  shall  be  its  President,  and  the  junior  member  shall 
be  its  Secretary.     Two  members   shall  constitute  a  quorum  Quorum 
to  do  business,  but  one  may  adjourn  from  time  to  time  un- 
til a  quorum  is  secured. 

Before  entering  upon  the  duties  of  his  office,  each 
member  of  said  commission  shall  be  sworn  or  affirmed  tooath 
well  and  faithfully  discharge  the  same.  The  oath  or  affir- 
mation may  be  administered  by  any  member.  A  vacancy  vacancy 
in  the  office  of  County  School  Commissioner,  caused  by 
death,  resignation,  removal,  disability,  or  otherwise,  shall 
be  filled  by  the  Governor  for  the  unexpired  term,  provided 
that  such  appointee  shall  be  of  the  same  political  party  as 
he,  to  fill  whose  unexpired  term,  such  appointee  is  chosen. 
A  commission  for  an  unexpired  term  as  aforesaid,  shall 
vest  in  the  holder  thereof  all  the  powers,  and  subject  him 
to  all  the  duties  which  would  have  devolved  upon  him  had 
he  been  commissioned  at  the  beginning  o£  said  term.  Each 
of  said  commissions  shall  have  power  to  make  all  such  by- fuyle]Jws  and 
laws  as  are  or  may  be  necessary  for  its  own  government, 
and  to  formulate  and  carry  into  effect  all  such  rules  and  regu- 
latons  as  are  requisite  and  proper  for  the  execution  of  the 
powers  and  duties  conferred  upon  it  by  this  Act. 

Section  4.     The  object  of  the  County   School  Commis-  objectofpoun- 

,.,,,.  ,  ty  Commission 

sion  shall  be  the  investigation  of  the  school  system  through 
out  the  County  of  its  jurisdiction,  the  methods  of  instruc- 
tion and  discipline   employed  in  the  schools,  the   perform- 
ance  of   their  several  duties  by  the  various   school  officers 
and   teachers,  and   the   condition  of   school   property.     To 
this  end  each  Commission  shall  have  full  power  and  author- Powers 
ity  to  visit  all  the  schools  in  its  County,  including  incor- visits 
porated  schools,  and  to  observe  and   question  the   teachers 
concerning   their  method  of   instruction  and  discipline;  to Methods 
examine   all  reports   and  papers   made  to  or  filed  with  the  Assistance  of 
County   Superintendent  for  its  County,  and  to  confer  with  deStrinten" 


10 


Hearing 
complaints 


and  aid  him  concerning  the  methods  and  systems  which  he 
has  adopted,  or  desires  to  introduce  into  the  schools  under 

Reports  his  supervision;  to  make  reports  quarterly  to  the  State 
Board  of  Education  at  its  stated  quarterly  meetings,  con- 
taining any  suggestions  as  to  improvement  in  school  meth- 
ods and  systems,  and  specifying  any  neglect  or  abuse  on 
the  part  of  any  teacher  or  school  officer  whomsoever  in  its 
County.  The  Commission  shall,  at  any  of  its  stated  meet- 
ings, be  ready  to  receive  any  and  all  complaints  concern- 
ing teachers,  the  County  Superintendent,  or  any  school 
officer,  whomsoever,  of  the  County  under  its  jurisdiction, 
and  to  hear  evidence  upon  the  same.  The  said  Commis- 
sion shall  have  power  to  determine  the  complaints  afore- 
said according  to  the  best  ability  of  its  members,  subject 
however  to  the  right  of  appeal  to  the  State  Board  of  Edu- 
cation as  hereinbefore  provided.  It  shall  be  the  further 
duty  of  each  of  the  said  County  School  Commissions,  to  act 

sanitary  as  a  Sanitary  Commission  over  any  and  all  school  property 
in  the  County  under  its  supervision;  with  full  power  to 

condemnation  condemn  any  school  building,  or  any  part  thereof,  as  unsafe 
or  unhealthy;  and  upon  the  certificate  of  such  condemna- 
tion by  the  Commission,  the  Trustee  of  the  School  Fund 
shall  withhold  from  the  district  in  which  such  condemned 
property  is  situated,  its  share  of  the  State  appropriation, 

lunrdwfifhhei°]  until  the  further  certificate  of  the  Commission  that  such 
condemned  property  has  been  repaired  or  replaced,  or  that 

proviso  as  to    provision    therefor   has   been   made.     Provided,  however, 
ls  that  nothing  in  this  Act  shall  be  construed  or  taken  to  con- 
fer upon  any  of  said  County  School  Commission  any  power, 
right,  or  authority  to  close  or  suspend   any  school  for  any 
reason  whatever. 


Section  5.  No  member  of  any  County  School  Commis- 
sion shall  receive  any  salary  by  virtue  of  his  office,  but, 
upon  the  warrant  of  the  Governor,  the  State  Treasurer 
shall,  out  of  the  general  fund  of  the  State,  pay  to  each 
member  of  said  commissions  the  sum  of  five  dollars  for 
each  day  actually  spent  in  attendance  upon  the  meetings 
of  the  commission  of  which  he  is  a  member;  provided  that 


Per  diem 


Limit 


cSp.88.voi. 23  such   allowance   shall   not  exceed  the   sum  of  seventy-five 


11 

dollars  to  any  one  member  in  any  one  year  for  such  attend-  Expenses 
ance;    and  the  further  sum  of  six  cents  per  mile  expended 
in  visiting  any  of  the  schools  under  the  supervision  of  the 
commission  of   which  he  is  a  member;  provided,  that  such 
mileage  shall  not  be  allowed  for  more  than  one  visit  to  any 
one  school  by  any  one  member  during  a  single  quarter;  and 
provided  further,  that  such  allowance  for  mileage  shall  not 
exceed  the  sum  of  twenty-five  dollars   to  any  one   member  Limit 
during  any  one  year.       The  said  State  Treasurer  shall  fur- 
ther pay  all   reasonable   and  proper  bills   incurred  by   the 
said  County  School  Commission  for   printing  and   postage,  Printing  and 
out  of  the  general   fund   aforesaid,  upon   being  presented1'0 
with  proper  vouchers  therefor  by  its  president  or  secretary. 

SectionG.     It  shall  be  the  duty  of  the  State   Board  of 
Education,  and  also  of   each  of  the  County  School  Com 
isons  to  give  notice  of   the  time  and    place  of   each  of   itsmission 
stated  meetings,  by  advertisement  in  two  successive  issues 
of  three  newspapers  in  the  State,  at  least   ten  days   before 
the  time  fixed  for  such  meeting. 

In  the  case  of  the  County  School  Commission,  such  ad- 
vertisement shall  be  in  newspapers  published  in  the  county 
under  its  jurisdiction. 

Section  7.     It  shall  be  the  duty  of  each  of  the  first   set  Division  of 
of  County  School  Commissioners  appointed  under  the  provi- 


sion  of  this  Act,  to  lay  out  and  divide  the  County  under  itsc° 

jurisdiction  into  districts  for  colored  schools.  For  this  pur- 

pose each  of  said  commissions  shall  hold  a  special  meeting 

on  Tuesday  the  seventh  day  of    June  in  the  year   eighteen  Meeting  for 

hundred  and  ninety-eight  at  eleven  o'clock  in  the  forenoon, 

at  some   suitable  place   in,  with  regard  to  the   commission 

for  New  Caslte  County,  the  city  of    Wilmington   and   in,  Places  of 

with  regard  to  the  commission    for  Kent  County,  the  town  m 

of  Dover,  and  in,  with  regard  to  the  commission  for  Sussex 

County,  the  town  of  Georgetown;  each  of  said  commissions 

having  first  given  notice  by  advertisement  in  two   succes-  Notice  by 

sive  issues  of  two  newspapers,  of  the  time,  place  and  pur-  advertisement 

pose  of  such  special  meeting,  and  of  the  willingness  of  said 

commission  to    hear  any  and  all  persons  who  might  have 

anything  to  state  concerning  the  laying  out  of  said  districts. 


12 


Adjournment  Each  Of  said  Commissions  may  adjourn  from  time  to 
time. 

Each  of  said  commissons  shall  then,  and  as  soon  after 
the  date  of  the  special  meeting  aforesaid  as  may  be,  proceed 
to  its  work  of  laying  out  and  establishing  districts  for  colored 
schools  in  the  county  under  its  jurisdiction,  and  shall  make 

Return  return  of  their  determination,  giving  the  names,  and  the 

metes  and  bounds  of  the  several  districts  so  laid  out  by  it, 
to  the  Clerk  of  the  Peace  of  the  proper  county,  who  shall 

?futhe°peicek  Preserve  tne  same  in  the  records  of  hisoffice,and  who  shall, 
within  five  days  after  the  receipt  of  such  return,  certify  to 
the  Trustee  of  the  School  Fund  the  names  and  numbers  of 
the  districts  so  laid  out  as  aforesaid. 


Certificate  to 
Trustee  of 
School  Fund 


School 
meetings 


Notice 


Numbering 
districts 


Rights  an  1 
powers 


Acts  of 
majority  of 
commission 


Compensation 
of  commis- 
sioners 


Proviso 


Immediately  upon  making  return  as  aforesaid,  each 
commission  shall  determine  upon  a  time  and  place  for  each 
district  thus  laid  out  for  the  first  meeting  of  the  school 
voters  held  under  this  Act  in  said  districts,  and  shall  ad- 
vertise the  same  by  posting  five  notices  stating  such  time 
and  place,  in  five  of  the  most  public  places  in  each  of  the 
said  districts,  provided  that  the  time  for  the  holding  of 
the  meeting  of  the  school  voters  shall  not,  in  any  case,  be 
later  than  the  last  week  in  August  in  the  year  eighteen 
hundred  and  ninety-eight. 

The  districts  so  laid  out  by  each  of  the  said  commis- 
sions shall  be  numbered  in  continuation  of  the  school  dis- 
tricts in  the  same  county,  and  shall  thenceforth  be  entitled 
to  all  the  rights  and  powers,  and  subject  to  all  liabilities 
and  penalties  by  this  Act  provided.  The  determination 
and  return  of  a  majority  of  the  County  School  Commission 
for  any  one  of  the  counties,  shall  be  as  valid  and  effective 
as  if  made  by  all. 

Each  member  of  each  of  said  commissions  shall  re- 
ceive the  sum  of  one  hundred  dollars  for  the  performance 
of  the  task  in  this  Section  assigned,  and  the  State  Trea- 
surer shall  pay  him  said  amount,  out  of  the  general  fund 
of  the  State,  upon  the  warrant  of  the  Governor;  provided 
that  no  member  shall  be  entitled  to  receive  any  sum  what- 
ever if  the  commission  of  which  he  is  a  member  shall  not 


13 

have  fully  performed  and  executed  the  duties  prescribed  in 
this  Section  before  Wednesday,  the  tenth  day  of  August,  in 
the  year  eighteen  hundred  and  ninety-eight. 

The  districts  for  colored  schools  when  laid  out   and  es-  changes  in 

districts  for 

tablished  as  aforesaid,  may  be  changed  or  altered,  divided,  colored  people 
consolidated  or   united  by  the  County  School   Commissions 
for  the  proper  county  at  any  time  within  the  space  of   one 
year  following;    but  not  afterwards,  except  in  the  manner 
hereinafter  provided  in  this  Act. 

In  determining  upon  the  number  of  districts  to  be  laid 
out  as  aforsaid,  each   commission  shall  be   limited  to   the  Limitation  of 
number  of  colored  schools   in  existence  at   the  passage   of  JJSiSs of 
this  Act. 

Sections.     At  the  elections  held  under  the  provisions  Qualification 
of  Section  7  of  this  Act  in  the  districts  for  colored  schools,  of 
any  colored  male  person  over  the  age  of   twenty-one  years 
shall  have  a  right  to  vote.     In  the  apportionment  and   dis-^^fsc'hoci 
tributionto  the  school  districts  by  the  Trustee  of  the  School Fucd 
Fund  in  the  month  of  September,  in  the  year  eighteen  hun- 
dred and  ninety-eight,  the  districts  for  colored  schools  laid 
out  and  established  under  the  provisions  of  Section?  of  this 
Act,  shall  be  entitled  to  share  therein, and  none  of  the  pro- 
visions of   this  Act  as  to  the  witholdingof  a  district's  share 
in  such   apportionment,  shall   apply  to  the  districts  afore- 
said in  said   first  apportionment  and  distribution. 

Section  9.     The  mode  of   having  property   transferred  T™r|rf£r  of 
from  one  school  district  to  another,  or  of  altering  the  boun-  boundaries 
daries   of  existing  school  districts,  or  of  creating  new  d is-  New  districts 
tricts  shall  be  as  follows: 

A  petition  stating  the  object  sought  shall  be  presented  Petitions  to 
to  the  County  School  Commission  of  the  proper   county  at™ 
any  of  its  stated  meetings;  signed,  in  the  case  of  a  petition 
to  transfer,  by  the  owner  or  owners  of  the  property  affected,  For  transfers 
or  in  the  £ase  of  a  petition  to  create  a  new  district  by  twelve  For  new 
or   more  freeholders  of   the  district  or   districts   affected.  district 
Notice  of   the  intention  to  present   such   petition  must,  in  Notice 
all  cases,  have  been  posted  in  four  public  places  in  the  dis- 
trict or  districts  affected  and  a  copy  of  the  same  transmit- 


14 


Certificate 


New  districts 


Numbers 


Rights  and 
powers 


Notice  of 
meetings 


ted  to  school  committee  of  each  district  affected,  through 
its  clerk,  ten  days  at  least  before  the  presentation  of  such 
petition.  The  County  School  Commission  shall  then  deter- 
Determinationmine  the  matter,  and  shall  certify  its  finding  to  the  Clerk 
of  the  Peace  of  the  county,  specifying,  when  the  prayer  of 
the  petition  shall  have  been  allowed  the  metes  and  bounds 
of  the  new  districts,  and  of  the  alterations  in  the  bounda- 
ies  of  old  districts  by*  the  transfer  of  property.  A  new  dis- 
trict shall  not  be  created  unless  it  be  made  to  appear  to  the 
Commission  that  such  proposed  new  district  shall  contain 
at  least  thirty-five  children  over  the  age  of  five  years,  and 
that  at  least  that  same  number  will  remain  in  each  of  the 
old  districts  affected.  A  new  district  thus  created  shall  be 
numbered  in  continuation  of  the  school  districts  of  the 
county,  shall  be  subject  to  and  have  all  the  rights  and 
powers  given  by  all  the  laws  of  this  State  having  reference 
to  free  public  schools.  The  Commission  so  having  created 
a  new  district  as  aforesaid  shall  give  notice  in  writing,  at 
least  ten  days  before  the  holding  of  the  first  regular  meeting 
of  the  school  voters  to  be  held  in  districts  created  as  afore- 
said, of  the  time  and  place  for  holding  such  meeting,  which 
notice  shall  be  posted  in  five  of  the  most  public  places  of  the 
district.  A  failure  to  give  notice  as  aforesaid  shall  in  no 
wise  affect  or  invalidate  an  organization  that  may  be  made 
by  the  school  voters  in  such  district,  provided  that  a  major- 
ity of  the  school  voters  of  the  district  be  present  at  any 
meeting,  held  without  notice  given  as  aforesaid.  The  find- 
ing or  return  of  a  majority  of  the  members  of  the  Commis- 
sion upon  any  petition  as  aforesaid,  shall  be  as  effectual  and 
binding  as  if  made  by  all.  The  limits  of  the  school  districts 
so  created,  and  alterations  of  the  limits  of  old  districts  by 
division,  union  of  several  as  hereinafter  provided,  or  other- 
wise, shall  be  recorded  in  the  office  of  the  Clerk  of  the  Peace 
of  the  proper  county;  and  the  number  and  location  of  such 
new  districts  and  the  alterations  of  old  districts  shall  be 
certified  to  the  Trustee  of  the  School  Fund  by  said  Clerk  of 
the  Peace. 


Whenever  any  of   the  County  School  Commissioners  of 
this  State  shall  be  satisfied   that  any  real  estate   in  the 


Majority  of 
Commission 
to  act 


Limits  of 
districts 


Numbers 


15 

County  of  its  jurisdiction,  has  not  been  included  within 
limits  or  boundries  of  any  school  district  for  the  two  years  T*&1  estate 
then  next  preceding,  then  and  in  such  case  the  said  Com- 
mission shall  have  the  right,  power  and  authority  to  trans- 
fer such  real  estate  to  any  school  district'  of  the  said  County  Exception 
selected  by  the  said    Commission,  provided  said  school  dis- 
trict shall  at  the  time  of   such  transfer   be  maintaining   a 
free  school  under  the  laws  of  this  State.     No  petition  shall  Petition  not 
be  necessary  in  order  to  empower  a  County  School  Commis- n 
sion  to  act  in  the  cases  aforesaid,  but  the  Commission  shall 
before  making  such  transfer,  give  the  owner  and  occupant 
of  such  real  estate  notice  of  the  time  and  place  of  the  meet-  Notice  to 
ing  of  the  Commission  for  the  final  determination  of  the  SpaSt 
transfer.  Such  notice  may  be  sent  through  the  mail  or  may 
be  left  at  the  dwelling  house  being  on  the  real  estate  afore- 
said, or  if  there  be  no  dwelling  house  there,  may  be  posted 
anywhere  on  said  real  estate,  five  days  at  least  before  the  day 
of  the  holding  of  the  meeting  aforesaid.     When  any  trans-  commission 
fer   as  aforesaid  shall  have  been  finally  determined  upon,  Suffer 
the  Commission  shall  at  once  certify  its  action  to  the  Clerk  To whom 
or  Secretary  of  the  School  Committee  or  Board  of  Education 
of  the  District  to  which  the  transfer  is  made.  It  shall  like- 
wise  certify   its  action  to   the  Clerk  of  the  Peace  of  the 
County  who  shall  cause  a  record  of  the  transfer  to  be  made 
in  his  office. 

Section  10.     Two  or  more  school  districts  in  any  county  uniting  and 
may  unite  for  establishing  and  supporting  a  free  school  for00 
their  common  benefit;  and  such  districts,  when  united,  shall 
be  one  district  by  the  name  of  "United  School  District  Nos.  Name 

— ,  in county."     The  manner  of  forming  a  union  of 

districts  shall  be  this: 

1.  Notice  shall  be  given  in  each  district  which  it  is  pro- Notice 
posed  to  unite,  as  required  for  stated  meetings  in  the  sev- 
eral districts. 

2.  At  the  meeting,  thus  called  in  each  district,  if  two  vote 
thirds  of  the  voters  present  are  in   favor  of  the  union,  a 
committee  of  three  of  such  voters  shall  be  appointed  to  ar-  Committ?e 
range  the  terms  and  the  meeting  may  be  adjourned  to  hear 


16 


Eeport 

Majority  to 
agree 


Vole 


Meeting  of 
united  district 

Election  of 
committee 

Vote  for  con- 
tribution 

Purpose  of 
meeting 


Powers 
Taxation 

Dividend 
How  paid 


Place  of 
meeting 


Proposal  for 
several  school 
nouses 


their  report;  if  a  majority  of  them  agree  upon  a  union  with 
any  other  district,  or  districts,  and  settle  with  the  terms 
thereof,  the  same  shall  be  reported  to  an  adjourned  meeting, 
and  if  such  report  shall  be  adopted  by  t>vo-thirds  of  the 
voters  present,  it  •  shall  be  obligatory,  and  the  districts 
mentioned  shall  be  united;  provided  like  proceedings  be 
had  in  all  the  said  districts;  but  if,  in  either  district,  the 
report  be  not  adopted  by  a  vote  of  two-thirds,  this  shall 
not  defeat  the  union  between  the  other  districts  so  adopt- 
ing it;  they  shall  be  united  and  the  other  shall  be  excluded. 

3.  A  meeting  of  the  united  district  shall  be  then  held 
at  the  time  and  place  fixed  by  the  terms  of  the  union.  At 
this  meeting,  a  school  committee  for  the  united  school  dis- 
trict shall  be  chosen,  and  a  vote  may  be  passed  to  raise 
money  by  contribution,  but  not  by  tax.  This  meeting  shall 
also  inquire  into  the  proceedings  preparatory  to  the  union 
of  the  districts  and  its  determination  thereupon  shall  be 
conculsive.  United  school  districts  shall  have  the  same 
powers  and  exercise  them  in  the  same  manner  as  original 
districts.  The  power  of  taxation  shall  extend  to  the  amount 
that  could  be  lawfully  raised  by  tax  in  the  several  districts 
composing  such  united  districts,  if  acting  separately.  The 
union  of  districts  shall  not  effect  the  account  of  the  Trustee 
of  the  School  Fund,  but  dividends  of  the  income  of  the 
Fund  shall  be  apportioned  and  credited  to  the  original  dis- 
tricts as  before  the  union;  and  all  sums  placed  to  the  credit 
of  the  several  districts  of  which  the  union  is  formed,  shall 
be  paid  upon  the  order  of  the  school  committee  of  the  unit- 
ed district,  and  applied  to  the  use  of  such  district,  upon 
their  showing  that  a  sum  has  been  raised  sufficient  to  en- 
title these  several  districts  to  draw  their  dividends  as  here- 
inafter provided.  The  place  of  meeting  of  school  voters  of 
a  united  school  district  shall  be  the  school  house  of  the  dis- 
trict; or,  if  there  be  none,  then  one  at  the  school  house 
mentioned  in  the  notices,  which  shall  conform  to  any  stand- 
ing order  of  the  school  voters.  A  proposal  to  have  several 
school  houses  in  a  united  district  may  be  brought  before  a 
regular  meeting  of  the  school  voters  by  inserting  it  in  the 
notices  of  such  meeting,  if  such  proposal  is  made  the  Sec- 


17 

retary  shall  inquire  concerning  the  regularity  of  the  notice 
and  make  a  minute  of  the  fact.  If  it  be  carried,  the  school 
committee  shall  have  power  to  execute  it. 

Section   11,     All   the   school   districts   of   this   State,  gchool  djg^ 
whether  single,  united,  consolidated  or  incorporated,  as  they  tricte  con- 
were  established  at  the  time  of  the   passage   of   this   Act, 
shall  be,  and  they  are  hereby,  continued  school  districts  of 
the  State,  by  the  same  names,  and  with  the  same  metes  and 
bounds,  as  they  severally  possessed  and  were  defined  at  the 
time  of  the  passage  of  this  Act  as  aforesaid ;  and  the  seve- 
ral Clerks  and  Commissioners,  or  Trustees,  or  members   of  school  offi«w 

continued 

Boards  of  Education  in  any  or  all  ot  said  districts  at  the 
time  of  the  passage  of  this  Act,  shall  be,  and  they  are  here- 
by, continued  as  such  Clerks,  Commissioners,  Trustees,  or 
members  of  the  Boards  of  Education  for  any  or  all  of  said 
districts  for  the  full  term  for  which  each  of  said  Clerks, 
Commissioners,  Trustees,  or  members  of  Boards  of  Educa- 
tion were  elected  or  chosen  at  the  meeting  of  the  school 
voters  last  preceding  the  passage  of  this  Act. 

Section  12.    Each  school  district,  by  the  name  of  "  School  Power  or 
District  No.-       -in-       -county"   or  "United   School  bow  property 

District,  Nos. in  -        -  county"  (as  the  case  may  be, 

and  filling  the  blanks  properly),  may  take  and  hold  ground 
for  a  school  house,  and  the  appurtenances  and  furniture; 
may  take  and  hold  by  devise,  bequest,  or  donation,  real 
and  personal  estate,  not  exceeding  in  clear  annual  income 
one  thousand  dollars,  for  the  use  of  the  free  school  in  said 
district,  and  may  alien  the  same;  may  take  bond  from  the 
collector,  or  from  the  clerk;  may  prosecute  actions  upon  it,  suit* 
and  any  action  for  injury  done  to  any  property  of  the  dis- 
trict, in  which  action  double  damages  and  costs  shall  be 
recovered ;  and  also  any  action  for  a  forfeiture  or  penalty 
due  to  the  district;  any  of  the  said  actions  may  be  brought 
before  a  Justice  of  the  Peace,  if  the  sum  demanded  does  not 
exceed  two  hundred  dollars,  and  said  Justice  shall  proceed 
as  in  other  demands  of  like  amount;  may,  where  it  appears 
upon  settlement  by  the  school  committee  of  the  districts 
that  there  is  due  from  said  committee  of  the  district  any 
sum  of  money  actually  received  by  said  committee,  bring- 


18 


an  action  of  debt  against  the  said  committee,  or  the  survivor 
or  survivors  of  them  in  their  individual  names  for  re- 
covery of  the  same  as  also  for  the  penalty  provided  by  this 
Act,  and  judgment  thereon  shall  be  given  as  in  other  cases, 
and  may  be  executed  accordingly ;  such  action,  no  matter 
what  the  sum  demanded  be,  may  be  brought  before  a  Jus- 
tice of  the  Peace,  and  shall  be  proceeded  in  as  other  ac- 
tions within  the  jurisdiction  of  such  Justice  are,  and  the 
remedy  hereby  provided  shall  have  a  retroactive  effect;  and 
may  sue  for  and  recover  in  an  action  of  debt  any  sum  or 
sums  of  money  due  to  the  district,  and  may  bring  such  ac- 
tion against  any  member  of  a  late  school  committee  of  the 
district,  or  any  other  person  whomsoever  who  may  have  any 
money  belonging  to  the  district  in  his  possession,  or  who 
may  in  any  other  manner  be  indebted  to  the  district,  and 
the  remedy  hereby  given  shall  have  a  retroactive  effect. 
A  school  district  shall  not  possess  any  other  corporate  power 
or  franchise. 

Section  13.  Every  male  person  residing  within  the  dis- 
trict, and  having  right  to  vote  for  Representatives  in  the 
General  Assembly,  and  having  paid  his  school  tax  for  the 
preceding  year  and  every  female  person  above  the  age  of 
twenty-one  years,  residing  as  aforesaid,  and  having  paid  a 
school  tax  in  the  district  where  she  resides,  for  the  pre- 
ceding year,  shall  be  entitled  and  qualified  to  vote  at  all 
school  elections  in  such  district;  and  from  and  after  the 
passage  of  this  Act,  every  female  person  of  the  age  afore- 
said, residing  in  an  incorporated  district,  and  having  paid 
a  tax  as  aforesaid,  shall  be  entitled  and  qualified  to  vote  at 
all  school  elections  in  such  incorporated  districts.  Provid- 
ed however,  that  no  white  person  shall  have  a  right  to  vote 
at  any  meeting  of  colored  school  voters  in  any  district,  and 
no  colored  person  shall  have  a  right  to  vote  at  any  meet- 
ing of  white  school  voters  in  any  district.  If  any  person, 
not  ^g^g  so  qualified,  shall  vote  at  any  school  meeting  or 
election,  such  person  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  be  fined  fifteen  dollars  by  any  Justice  of 
the  Peace  in  the  proper  county. 
stated  meeting  Section  14.  A  stated  meeting  of  the  school  voters  of 


Not  to  possess 

corporate 

powers 


Voting 
qualifications 


Penalty  for 
voting  illegally 


19 

each  school  district   shall  be  held   on  the  last  Saturday  in  Time  of  meet- 
June  except  in  New  Castle  County,  where  such  meetings,  in 
exclusive  of   those  held  in  incorporated  cities  and   towns, 
shall  be   on  the  first   Saturday   in  June  of  each  year,  at  2 
o'clock  in  the  afternoon  except  District  No.   8  in  New  Cas- 
tle County,  where   such  meeting  shall  be   held  [from  half- 
past  four  to  six  in  the  afternoon.    The  place  for  such  meet-  Place 
ing  shall  be  the  school  house  of  the  district,  or,  if  there  be 
none,  at  some  place  appointed  by  the  County   School   Com- 
mission of  the  proper  county.     Such  meeting  shall  be  kept 
open  for  at  least  one  hour.     Any  number  of  voters  present  H( 
shall  proceed  to  business,  and  their  acts  shall  be  valid. 


The  order  of  business  for  such  stated  meetings  shall  be  : 

1.  The  appointment  of  a  chairman  and  secretary. 

2.  The  report  of  the  old  committee   of  the   district, 
and  the  appointment  of  a  special  committee  to  audit  the  ac- 
counts. 

3.  The  election  by  ballot,  by  a  majority  of  the  votes 
cast,  of  one  member  of   the  school  committee  to  serve   for 
the  term  of  three  years  as  a  successor  to  the  member  whose 
term  shall  at   the  time  expire;    provided,  that  at  the  first 
stated  meeting  of  any  school  district   formed,   laid  out,    or 
created  after  the  passage  of  the  Act,  there  shall  be  elected 
in   the  manner  aforesaid,  a   clerk  to  serve  for  the  term  of 
three  years  thereafter,  and  two  commissioners,  one  for  the 
term  of  two  years,  and  another  for  the  term  of  one  year,  or, 
in  each  case,  until  a  successor  be  chosen;    and  the  election 
in  like  manner  to  fill  all  vacancies,  or  unexpired  terms,  occas- 
ioned by  death,  or  otherwise,  of   any  member  of  said  com- 
mittee. 

4.  To   resolve  whether   any  sum   above  that  required 
to  be  raised  by  law,  shall  be  raised   for  the  ensuing  year; 
and,  if   it  shall  be   resolved  to  raise  such   an   additional 
amount,  to  determine  by  ballot,  by  a  majority  of  the  votes 
cast,  whether   such  amount  shall  be   raised  by   tax,  or  by 
subscription. 

A   stated   meeting  may,  after   the   appointment  of    aAdjourned 
chairman  and  secretary,  be  adjourned;  and  the  proceedings  meetiugs 


20 


of  the  adjourned  meeting  shall  be  of   the  same  nature  and 

force,  except  as  to  a  tax,  as  if  had  at  the  original  meeting, 

meef'nouo      If  the  annual  stated  meeting  shall  not  be  held  in  any  district, 

p££*Tvert°or  if  the  school  committee  shall  not   then    be   elected,  the 

district   shall  not   thereby  lose   the   power   to  proceed,  but 

meetings,  adjourned,  occasional,  or  stated,  may  be  held. 


Occasional 
meetings 


Business 


Duty  of  Sec- 
retary 


Fraudulent 
entries 

Penalty 


Notice  of 
meetings 


Neglect 
Penalty 


Notice  in  case 
of  no  clerk 


Vote  for  tax 


Certificates 


Delivering 


Neglect 


Occasional  meetings  of  the  school  voters  of  a  district 
may  be  called  by  the  school  committee,  by  advertisement 
stating  the  business  of  the  meeting,  and  posted  as  required 
for  stated  meetings.  They  must  be  held  at  the  place  where 
stated  meetings  are  held.  At  such  meeting,  any  number  of 
voters  present  may  transact  any  business  mentioned  in  the 
advertisements  but  no  other.  The  secretary  shall  make  a 
note  of  the  business  mentioned  in  the  advertisement,  and 
where  and  when  they  were  posted ;  these  entries  shall  be 
conclusive,  unless  proved  fraudulent;  and  the  making  of 
fraudulent  entries  shall  be  a  misdemeanor,  punishable  by  a 
fine,  not  exceeding  one  hundred  dollars. 

It  shall  be  the  duty  of  the  clerk  of  the  district  to  give 
noticeof  stated  and  occasional  meetings,  by  advertisements, 
under  hand,  of  the  day,  hour  and  place  thereof,  posted  in 
five  or  more  public  places  of  the  district,  at  least  five  days 
before  the  meeting;  and  if  he  neglects  this  duty  he  shall 
forfeit  and  pay  to  th3  district  ten  dollars;  but  the  want  of 
such  notice  shall  not  make  the  acts  of  the  meeting  void.  If 
there  be  no  clerk,  the  commissioner  or  commissioners  shall 
give  notice  under  the  same  penalty;  and  if  there  be  no 
member  of  the  committee  to  give  such  notice,  it  shall  be 
given  by  the  Clerk  of  the  Peace,  on  application  of  five  or 
more  of  the  school  voters  of  the  district.  No  vote  respect- 
ing a  tax  shall  be  taken  at  any  other  time  than  the  stated 
annual  meeting,  or  the  substitute  therefor.  Three  certifi- 
cates of  the  proceedings  of  every  meeting  of  school  voters- 
shall  be  made  and  signed  by  the  chairman  and  secretary; 
one  shall  be  delivered  to  the  clerk  of  the  district,  one  to  the 
Auditor  of  Accounts,  and  one  to  the  Clerk  of  the  Peace  of 
the  County,  to  be  kept  as  a  public  record. 

If  the  chairman  or  secretary  shall  neglect  his   duty  in 


21 

this  respect  for  the  space  of  one  month,  he  shall  be  deemed  Penalty 
guilty  of  a  misdemeanor  and  fined  fifty  dollars. 


If  the  certificates  be  not  so  delivered  within  one  month, 
the  proceedings  of  the  meeting  shall  be  void,  and  the  school  certificates 
committee  in  office,  next  before   such  meeting,  shall   con^wh°toact 
tinue  in  office,  so  far  as  to  call  another  meeting,  and   shall 
proceed  to  do  so  by  advertisements   posted  as  required   for 
stated  meetings.     A  statement  that  the  proceedings  of  thence  of 
last  meeting  have  not  been  duly  returned,  shall  be  sufficient  statement  of 
statement  of  the  business  ;    and  at  a  meeting  so  called,  the  business 
school  voters  shall  have  power  to  do  an  act  which  they  could  Powers 
do  at   the  preceding  meeting;    and  the   meeting   shall 
regulated  by  the  law  applicable  to  the  preceding  meeting, 
and  shall  be  a  substitute  therefor. 


Immediately  upon  the  election  of  commissioners  in  sin- 
gle  or  united  districts,  or  members  of  the  Board  of  Educa-  missioners 
tion  in  Incorporated  districts,  the  Secretary  or  Clerk  of  the 
Commissioners  or  Board  of  Education,  as  the  case  may  be, 
shall  transmit  to  the  Clerk  of  the  Peace  of  the  proper  county, 
the  names  and  addresses  of  the  Commissioners  or  members 
of  the  Board  of  Education  elected  for  the  ensuing  year, 
which  names  and  addresses  shall  be  furnished  the  superin- 
tendent of  public  schools  for  the  proper  county,  the  State 
Auditor  and  the  Trustee  of  the  School  Fund,  by  said  Clerk 
of  the  Peace. 


Section  15.     The   supervision  and  control  of   the 
public  schools  in  each  district  in   this  State  now 
ed  or  hereafter  to  be  established  under  the   provisions   of 
this  Act  (subject  to  the  general  powers  hereinbefore  vested 
in  the   State  Board  of   Education  and   the  several   County 
School  Commissions),  shall  be  vested  in  a  school  committee 
for  each  district;  which   shall  be  composed  of   a  clerk  and 
two   commissioners,  who  shall  serve   for   three  years  from  Term 
the  time  of  their  respective  elections,  or~until  their  succes- 
sors are  duly    qualified.     The  members  of   the  said    school       ion 
committees  shall  be  chosen  or   elected  as  provided  in   Sec- 
tion   14  of    this  Act.     Before  entering   upon  the   duties  of 
their  office,  each  member  of  said  committee  shall  be  sworn  oath 


22 

or  affirmed  to  perform  the  said  duties  of  his  office  with  fidel- 
ity. Any  member  of  the  new,  or  of  a  late  committee  may 
duties"8  administer  such  oath  or  affirmation.  The  powers  and  duties 
of  the  school  committee  shall  be:  To  determine  the  siter 
lease  or  purchase  the  necessary  ground,  and  build  or  pro- 
cure a  suitable  school  house  for  the  district,  which  shall  be 
as  near  the  centre  of  the  district  as  practicable,  and  which, 
when  built  or  procured,  shall  not  be  removed  nor  another 
built  or  procured  without  the  direction  of  the  school  voters 
of  the  district  at  a  stated  meeting;  to  keep  the  school 
house  in  good  repair  and  insure  it  against  loss  by  fire,  and 
to  supply  it  with  necessary  furniture  and  fuel,  and  to  bring 
action  for  any  injury  to  it;  to  keep  the  school  open  for  at 
least  one  hundred  and  forty  days  in  each  school  year;  to 
visit  it  at  least  once  in  each  quarter  of  said  school  year;  to 
employ  a  ^teacher  or  teachers  who  shall  be  well  qualified 
mentally  and  morally  for  the  position,  provided,  that  no 
teacher  shall  be  so  employed  who  does  not  hold  the  certifi- 
cate of  the  County  Superintendent  for  the  proper  county 
for  the  year  in  which  such  teacher  is  employed,  except 
where  such  teacher  is  employed  for  specialist  work  merely 
as  set  forth  in  Section  16  of  this  Act;  to  dismiss  a  teacher 
for  cause;  to  make  regulations  for  the  government  of  the 
schools  in  which  the  expulsion  of  a  scholar  for  obstinate 
misbehavior  may  be  provided;  and  to  collect  and  receive 
the  money  required  by  this  Act  to  be  raised  by  the  district 
in  Sections  18  and  19  and  to  receive  and  collect  all  money 
belonging  to,  appropriated,  or  resolved  to  be  raised  by  the 
district,  and  to  apply  and  expend  the  same  justly;  to  pay 
over  to  the  successor  in  office  any  balance  remaining  at  the 
expiration  of  the  term  of  office;  to  make  up  the  assessment 
list  of  the  district  and  to  provide  for  the  collection  of  all 
school  taxes,  as  set  forth  in  Sections  18,  19  and  20  of  this 
Act;  to  perform  the  several  duties  required  of  its  members 
by  Section  22  of  this  Act  concerning  free  text  books;  to 
settle  the  accounts  of  the  district  with  the  Auditor  and  post 
copies  of  the  same,  as  provided  in  this  Act;  to  present  the 
account  so  settled  as  aforesaid,  and  make  general  report  as 
to  the  conditions  of  the  school  and  the  like  and  stating 
when  and  for  what  length  of  time  the  school  was  visited 


23 

by  its  members,  to  the  school  voters  of  the  district  attheir 
annual  stated  meeting;  to  give  the  required  notices  of  all 
meetings  of  the  school  voters  of  the  district  as  provided  in 
Section  14  of  this  Act;  to  institute  any  and  all  actions  as 
provided  in  Section  12  of  this  Act  which  may  accrue  to  the 
district;  to  perform  the  further  and  other  duties  set  forth 
in  Section  16  of  this  Act;  and  generally  to  do  all  acts  and 
things  requisite  for  affecting  the  premises. 

The   acts  for   a  majority  of  the   members  of   a  school  majority 
committee  shall  in  all  cases  be  as  valid  and  effectual  as   if 
done  by  all. 

Vacancies  in  the  committee  shall  be  filled  by  the  school  ho^finSi 
voters  of  the  district  as  provided  in  Section  14  of  this  Act. 

The  special  duties  of  the  clerk  of  each  school  commit- Duties  of 
tee  shall  be: 

To  give  notice  of  meetings  of  the  school  voters  of  the 
district  as  required  by  Section  14  of  this  Act;  to  perform 
the  several  duties  enjoined  upon  him  by  Section  22  of  this 
Act;  concerning  free  text  books,  to  keep  a  record  book  of 
the  district,  in  which  he  shall  enter  its  bounds  and  descrip- 
tion, and  any  changes  therein,  a  copy  of  the  certificate  of 
the  proceedings  of  every  meeting  of  the  school  voters,  the 
proceeding  of  the  school  committee,  and  the  names  of  the 
scholars  attending  the  school,  a  list  of  whom  shall  be  fur- 
nished by  the  teacher,  which  book  shall  be  evidence;  and 
shall  also  keep  all  papers  belonging  to  the  district,  or  to 
the  committee. 

If  any   Commissioner  or  Clerk   of  any  school   district  Migappropria, 
shall  misappropriate  any  funds  in   his  hands   belonging  totionoffund8 
the  school   district  in   which   he  is  such   commissioner   or 
clerk,  he  shall  be   deemed   guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  by   indictment,  shall   be  fined  notPenalty 
less     than   twenty   dollars   nor   more   than    five   hundred 
dollars,  together  with   the  costs  of  prosecution,  and  upon 
failure  to  pay  such  fine  and  costs,  he  shall  be  imprisoned  not 
less  than  three  months   nor   more   than   two   years.     This 
provision   shall   be  deemed  and   taken  to  be  accumulative, 
and  shall  not  affect  or  impair  the  individual  liability  of  any 


24 

such   commissioner  or  clerk  in  any  civil  suit  which  may  be 
brought  against  him. 
TO  pay  over  The   members   of  each   school   committee   shall  pay  to 

moneys  to  sue  . 

cessors  their   successors    in  office  all  money  due  from  them,  and  if 


penait  for  neglect  to  do  so  for  ten  days,  they  or  any  one  of  them, 

neglect  shall  forfeit  and  pay  twenty-five  per   cent  on   the  sum  due 

in  addition  to  the  amount  so  due  as  aforesaid. 

Nocompensa  The  members  of  the  school  committee  shall  receive  no 

salary  or  emolument,  but  for  attendance  before  the  auditor, 
as  provided  in  Section  26  of  this  Act,  they  shall  be  allowed, 
in  their  account,  one  dollar  each  per  day,  and  three  cents 

Allowance       each  per  mile  of  necessary  travel. 

superintend  Section  16.     Each   School  Committee   and  each  Board 

fiedo°f  selection  °^  Education  of   every    incorporated   district,  immediately 

of  teacher       upon   the  selection  of   a  teacher  or  teachers  for  any  school 

or   schools  under  its   supervision,  shall   notify   the  County 

Superintendent   for   the  proper   county   of  such   selection, 

stating  the  name,  addresses  and  salaries  of  such  teacher  or 

teachers. 

It  shall  be  the  duty  of  each  School  Committee  and  of 
house011  '°  each  Board  of  Education  of  incorporated  districts  to  see 
that  a  flag  of  the  United  States,  not  less  than  eight  feet 
long  and  six  feet  wide,  is  displayed  on  a  suitable  flag  staff 
with  proper  appliances  upon  each  school  building,  or  near 
the  same,  in  the  district,  during  school  hours. 

Maps  m  It  shall  be  the  further  duty  of  each  of  the  said  Commit- 

tees and  of  said  Boards  of  Education  to  see  that  at  least 
one  proper  and  correct  map  of  the  United  States,  not  less 
than  four  feet  long  and  three  feet  wide,  and  at  least  one 
proper  and  correct  map  of  the  State  of  Delaware,  not  less 
than  three  feet  by  two  feet,  are  exposed  to  view  in  some 
public  and  convenient  place  in  each  school  house  in  the 
districts. 

ihylioiogyVnd         ^  sna^  ^e  ^e  father  duty  of  each  of  said  Committees 

hygiene  "       and  Boards  of  Education  to  see  that  all  the  pupils  in  all  the 

free  schools  in  the  district  are  instructed  in  physiology  and 

hygiene,  with   special   reference  to  the  effects  of  alcoholic 

drinks,  stimulants  and   narcotics  upon   the  human  system, 


25 

and  to  see  that  all  the  said  schools  are  sufficiently  supplied 
with  such  text  books  relating  to  such   subjects   as  are  fur- 
nished the   district   in  the   distribution  of  free  text  books 
hereinafter   provided.     Any   teacher   in  any   of  the     freeSSroct*0 
schools   of   the  State,  failing   to  so  instruct  all  the  pupils 
under  his  governance,  shall,  unless  ordered  to  the  contrary 
by  a  school  officer  having  authority  over  him,  be  liable  to  a 
fine  of   twenty-five   dollars,    to  be  recovered   before   anyPt 
Justice  of  the  Peace  of  the  proper  county  by  any  informer,  school  officer 
and  any  school  officer  ordering  a  teacher  under  him   not  to  ?eachergnot  to 
instruct  the  pupils  as  aforesaid  shall  be  liable  to  like   fane, 
recoverable  as  aforesaid  by  any  informer. 


It  shall  be  unlawful  for  any  School  Committee  of  a  di 
trict,  or  any  Board  of   Education   of   an  incorporated    dis-not  holding 

,  .  .  •  certificate 

trict,  to   employ   as   a   teacher,  or   permit   to  continue   to 
teach,  any   person  who  does  not  hold  an  unexpired  "certifi- 
cate from  the  County  Superintendent  for  the  proper  county,  Exception 
except  such  teacher  be  employed  for  specialist  work  merely, 
such    as   drawing,    music  and   the  like,  under   penalty   of 
having  withheld  from  the   district  in  which  such  person  is 
employed  or  permitted    to  teach  its   share  of  the  State  ap-  P€ 
propriation  for  the  year  of  such  employment  or  teaching. 

It  shall  be  the  farther  duty  of   each  School  Committee  instruction  m 
and  Board  of  Education  in  this  State  to  see  that  the  f&pilaa.s.aildthe0 
in  any  class  or  classes  in  the  school  who   are  instructed  in 
United  States  history  by  the  teacher  employed  in  the  school 
shall   also  be  instructed  by  the  said  teacher   in  the  general 
principles  of  the  Constitution  of  the  United  States  and  that 
of  this   State. 

The  respective  School  Committees  of  adjoining  districts  Joint  or  graded 
shall  have  power  to  make  such  arrangements  for  the  estab-sc 
lishment  of  a  school  or  schools  for  the  joint  benefit  of  the 
children  of  such  adjoining  districts  as  they  may  deem  pro- 
per and  advisable. 

Every  School  Committee  and  every  Board  of  Education  Sanitary 
in  this  State  shall   have  power,  and  it  shall  be  their   duty, 
to  make  any  and  all  such  rules   and  regulations   governing 
the  pupils  of  the  districts  as  they  shall  deem  proper  or  nee- 


26 


Vaccination 


Admission  of 
pupils  of  other 
districts  to 
higher 
departments 


Securing  site 
for  school 
house 


Freeholders 


Duty  of 


Notice 


Plot,  etc 


essary  to  the  health  of  such  pupils,  and  the  prevention  of 
the  spread  of  contagious  or  infectious  diseases,  and  to  this 
end  may,  if  they  d^em  advisable,  provide  for_the  free  vac- 
cination of  such  pupils. 

The  Board  of  Education  of  each  incorporated  school 
district  in  this  State  may,  and  unless  the  needs  of  the  pupils 
residing  in  such  incorporated  district  shall  render  it  un- 
advisable,  shall,  upon  application,  admit  to  the  higher  de- 
partments of  such  incorporated  schools  advanced  pupils 
from  other  districts,  upon  such  terms  as  the  said  Board  of 
Education  shall  deem  proper  and  reasonable;  and  the  school 
committee  of  the  district  where  the  children  so  admitted 
reside,  may,  in  its  discretion,  allow  the  amount  or  amounts 
prescribed  by  any  such  Board  of  Education  for  the  admis- 
sion of  such  pupils  as  aforesaid. 

Section  17.  In  case  the  School  Commissioners  of  any 
school  district  shall  not  be  able  to  procure  by  agreement 
with  the  owner  a  lot  of  land  suitable  and  proper  for  the 
erection  of  a  school  house  for  the  use  of  the  district,  it  shall 
and  may  be  lawful  for  the  said  School  Commissioners  to 
apply  to  the  Levy  Court  of  their  county,  who  shall  thereupon 
appoint  three  judicious  and  impartial  freeholders  of  said 
county,  residing  without  the  limits  of  said  school  district, 
to  select  a  site  for  such  school  house  and  appurtenances, 
not  to  exceed  half  an  acre  in  any  case.  The  said  commis- 
sioners shall,  as  soon  as  conveniently  possible  after  the  said 
appointment,  notify  the  said  freeholders  and  fix  a  day 
when  they  shall  meet  in  said  district  to  select  such  site, 
and  shall  also  give  notice  to  the  inhabitants  of  said  dis- 
trict of  the  time  so  fixed,  by  notices  posted  in  five  of  the 
most  public  places  in  said  district  at  least  ten  days  before 
the  day  of  meeting.  The  said  freeholders  shall,  on  the  day 
so  fixed,  proceed  to  the  said  district,  taking  with  them  a 
surveyor,  if  necessary,  and  shall  select  such  site  as  they 
may  deem  most  suitable  for  the  purposes  aforesaid,  and  shall 
cause  a  plot  and  description  of  the  same  to  be  made  out 
and  delivered  to  the  commissioners,  who  shall,  within  thirty 
days  after  such  delivery,  lodge  the  same  in  the  Recorder's 
office  of  the  proper  county,  to  be  recorded.  The  said  free- 


27 

lolders  shall  also,  at  the  time  of  selecting  and  locating  the  Assessment  of 
site,  assess   the   damages  of  the  owner  or   owners,  taking da 
into  consideration  all  circumstances  of   convenience  or   in- 
jury, but  in  making  such  assessment,  they  shall  allow  at  least 
the   cash  value  of  the  land  taken,  and  shall   certify  their 
award  to  both  parties,  owners  and   commissioners,    where- 
upon, on   payment  of  the  damages,  so   assessed,  the   said 
land  so  taken   shall   become  and  be  the   property  of  the 
said  school  district  for  the  purpose  aforesaid.     In  case  any 
such  owner  or  owners  be   a  minor,  non-resident,  or  from 
any  cause  incapable  of  receiving,  or  unwilling,  or   neglect- 
ing to  receive  said  damages,  the  said  School  Commissioners 
may  deposit  the  same  to  the   credit  of  such  owner  or  own- Deposit  of 
ers,  in  the  Farmers'  Bank  of  the  State  of  Delaware,  or  anydamages 
branch  thereof,  and  such  deposit  shall  operate  as  payment. 

In  case  the  said  freeholders  should  fail  to  meet  on  the  Failure  to 
day  fixed,  the  commissioners  may  call  them  out  again  upon  meel 
like  notice  to  the   district,  as  above   provided.     The  said  Adjournment 
freeholders  shall  have  power  to  adjourn  from  time  to  time. 
The  decision  of  a  majority  shall  be  as  valid  as  that  of  the  Decisions 
whole. 

The  fees  of  the  freeholders  shall  be  one  dollar  per  day.  Fee?  and 
All  the  expenses   shall  be  borne  by  the  district. 

Section  18.     It  shall  be  the  duty  of  the  school  commit-  r>utyof school 
tees  of  the  several  school  districts  for  white  children  in  the 
State, to  make  assessment  lists  for  their  respective  districts. 
Such  lists  shall   consist  of  the  rates  of  persons  of  all   the ment lists 
white  male  inhabitants  of  the  district  over  twenty-one  years  SSiVshow 
old ;    of  the  rates  of  the  personal  property  of  all  the  white 
inhabitants  of  the  district;  of  the  rates  of  all  the  assessable 
personal  property  within  the  district  owned  by  any  associa- 
tion or  corporation,  and  of  the  clear  rental  value  of  all  the  JJJJSJJy  "able 
assessable  real  estate  within  the   district  owned  by  white lotax 
persons,  associations  or  corporations.     The  personal  prop- 
erty of  all  white  persons,  associations  or  corporations,  now 
subject  to  tax  for  school   purposes  in  the  school   district 
shall  be  liable  to  assessment  and  tax  for  school  purposes  in 
the  school  district  only  in  which  it  is  actually  located;  and 
it  shall  be  the  duty  of  the  school   committee  of  the  several 


28 


Assessment 
lists  to  be 
made  upon 
personal 
view 


Shall  only 
include  prop- 
erty therein 


Exemption 

List  of 
Assessables 


Lands  in 
two  districts 


Amounts  to  be 
raised  by  taxa- 
tion 


New  Castle 
county 


districts  for  white  children  as  aforesaid  within  the  limits 
of  this  State,  making  the  assessment  lists  for  their  respec- 
tive districts,  to  place  thereon  the  rates  of  the  personal 
property  now  subject  to  tax  for  school  purposes  in  the 
school  district  in  which  it  has  an  actual  location,  irrespec- 
tive o<:  the  residence  of  the  owner  thereof.  The  school  com- 
mittees of  the  several  school  districts  within  this  State  shall 
not  take  the  rates  of  personal  property  from  the  assessment 
lists  of  the  hundred  in  which  it  stands  assessed  at  the  time, 
but  shall  fix  the  rates  of  personal  property  for  their  respec- 
tive school  districts  upon  personal  view  thereof,  or  other 
sufficient  information  of  the  owners  or  persons  having  con- 
trol of  the  same.  The  assessment  list  of  each  school  dis- 
trict as  aforesaid,  shall  only  include  the  personal  property 
actually  located  therein;  provided,  that  no  property  shall 
be  assessed  for  school  purposes  under  the  provisions  of  this 
Act,  which  is  exempted  from  taxation  for  county  pur- 
poses. 

They  shall  assess  the  clear  rental  value  beyond  reprises 
of  all  the  assessable  real  estate  in  the  district,  and  make 
out  a  list  of  the  names  of  the  persons  assessed,  in  alpha- 
betical order,  the  rates  of  persons,  and  of  personal  prop- 
erty, number  of  acres,  or  other  description  of  real  estate, 
and  the  clear  rental  value  thereof.  When  the  line  between 
two  districts  crosses  the  lands  of  person  "occupied  in  one 
body,  the  whole  of  such  lands  shall  be  assessed  in  the  dis- 
trict where  the  dwelling  house  is,  and  no  part  in  the  other; 
provided  that  any  tenant  residing  on  such  lands  in  an  ad- 
joining district,  shall,  at  his  election,  commumcated  in 
writing  to  the  school  committee  of  such  adjoining  district, 
at  any  time  prior  to  the  completing  of  the  assessment  list, 
be  only  assessed,  and  have  school  privileges  in  the  district 
in  which  such  tenant  resides. 

It  shall  be  the  duty  of  the  School  Commissioners  in 
each  of  the  districts  aforesaid,  annually,  in  the  month  of 
July,  to  assess  and  levy  without  regard  to  any  vote  thereon, 
in  each  of  their  respective  districts,  that  is  to  say:  in  each 
of  the  school  districts  in  New  Castle  County  the  sum  of 
one  hundred  dollars;  in  each  of  the  school  districts  in  Kent 


29 

County  the  sum  of  one  hundred  dollars,  and  in  each  of  the  Kent  county 
school  districts  in  Sussex  County,  the  sum  of  sixty  dollars, 
to  be  applied  to  the  support  of  the  schools  of  their   districts  Su 
respectively. 

A  copy  of  the  assessment  list  shall  be   posted  in   some 
public  and  suitable  place  of  the  district  for  inspection;  and 
the  committee  shall,  by  advertisement  in  at  least  five  pub- 
lic places   in  the  district,  give  notice  that  said  list  is  post- Notice 
ed,  and  where;  and  of   the   day,  hour   and   place  (not  less 
than  five   days  thereafter),  of   their  sitting  to   hear  objec- 
tions to  it.       Upon  such  hearing,  the  said  committee  shall  A^  efllsjflp(I 
make  all  such  just  corrections,  and   add  anything  omitted,  correction! 
The  committee  may  adjourn  if  necessary. 

The  list,  when   settled,  shall   be  conclusive,  and   shall  Lj8t  ^  be  con- 
stand  until  the  next  assessment  in  the  district  when  a  newcl 
list  shall  be  made  for  each  school  district.     And  every  year 
the  committee  shall  make  proper  additions   and  alterations  Annual  addi- 
in  case  of  other  persons  or  property  becoming   assessable, 
or  being  omitted,  or  in  case  of  death  or  removal. 

The  proceedings   of   the  committee  shall  not  be   ques- 
tioned  except  for  fraud  or  corruption.  not  iuestione<J 

The  several  school  committees  selected  shall,  annually,  .^""Jj^Jf. 
on  oath  or  affirmation  revise  and  adjust  the  assessments  of  Jus(ments 
rental  values   in  their   respective   districts   so  as  to   make 
them  bear  a  due  proportion  to  each  other,  having  regard  to 
their  productiveness  to  their  several  owners. 

As  soon  as  said  assessments  have  been   so  adjusted,  it  Notice  of  a?- 
shall  be  the   duty  of   the  clerks  of   the  several  districts  tOmmidrat* 
direct  a  letter  to   the  address  of   each  non-resident   whose 
rental  valuation  has  been  assessed  in   any  district,  stating 
the  amount  of  his  or  her  rental   valuation    in  any  of  said 
districts,  and  the  day  and  hour  when  the  school  committee 
will  sit  as  a  Court  of  Appeal  to   hear  any   objections   that 
may  be  made  to  said  assessments. 

Section  19.     All  the  provisions  of  Section  18  of  this  Act  Provisions  to 

apply  to  col 

concerning  the  making  of  asssessment   list,  shall   apply   toored  schools 
the  several  school  committees  to  be  elected  in   the   several 
districts  for  colored  schools,  to  be   laid   out  and  created 


30 


)ls 


N.C. 


Determination 
of  rate  of  tax 


under  the  provisions  of  this  Act,  except  that  the  word 
"colored"  shall,  in  regard  to  said  committees  for  said 
colored  schools,  be  deemed  and  taken  to  be  inserted  in  the 
place  and  stead  of  the  word  '  'white/'  where  the  latter  word 
)  appears  in  said  Section  18;  and  except  further,  that  the 
sum  to  be  raised  by  said  committee  for  said  districts  for 
colored  schools  by  levy  and  assessment  in  each  of  said 
districts  without  regard  to  any  vote  thereon,  shall  be  the 
sum  of  fifty  dollars  for  each  district  situated  and  being  in 
either  of  the  Counties  of  New  Castle  and  Kent,  and  the 
Kent  counties  sum  Of  thirty  dollars  for  each  district  situated  and  being 
in  the  County  of  Sussex  instead  of  the  several  sums  or 

Sussex  County  .,,     ,   .  .  ,   „,         . 

amounts  specified  in  said  Section. 

Section  20.  Upon  the  completion  of  the  assessment  and 
levy  of  the  school  tax  in  the  school  districts  in  this  State 
by  the  respective  school  committees,  as  provided  in  Sections 
18  and  19,  each  school  committee  shall  determine  the  rate 
on  every  hundred  dollars  cf  the  amount  of  the  assessment 
list  required  to  raise  the  sum  levied  with  ten  per  centum 
added  thereto  for  delinquencies  and  costs  of  collection. 
After  determining  the  rate  as  aforesaid,  it  shall  and  may 
be  lawful  for  each  of  said  school  committees  to  accept  and 
receive  the  tax  of  each  and  every  person  liable  to  pay  the 
same,  who  shall  tender  the  payment  thereof  before  the  tenth 
day  of  August  in  the  year  in  which  said  tax  shall  be  levied, 
and  the  committee  shall  allow  to  every  person  so  paying  his 
tax  within  said  time,  an  abatement  of  eight  per  cent,  upon 
said  tax. 

It  shall  be  the  duty  of  each  of  said  school  committees,  on 
the  tenth  day  of  August  in  each  year,  or  as  soon  thereafter 
as  practicable,  to  execute  and  deliver  its  warrant  with  dup- 
licate of  the  uncollected  assessment  list  to  a  collector  spec- 
ially appointed  by  the  school  committee  or  to  the  collector 
of  county  taxes  for  the  hundred  or  districts  in  which  said 
school  districts  maybe  situated  and  the  said  collector  shall 
be,  and  he  is  hereby  required  to  accept  the  same  and  collect 
the  taxes  thereon  assessed. 

;f  To  execute  said  warrant,  the  said  collector,  shall  proceed 

collector         in  the   manner,  and  have   all  the  powers  of   a  collector   of 


Committee 
may  receive 
tax  until 
August  10 


Abatement 


Warrant  and 
duplicate 


Delivery  of 


31 

county  taxes;  and  it  shall  be  and  may  be  lawful  for  any 
school  tax  collector,  after  demand  made  by  him  for  the  pay- 
ment of  the  tax  assessed  against  any  inhabitant  of  the 
school  district  for  which  he  is  collector,  and  the  failure  of 
said  taxable  to  pay  the  same  on  said  demand,  to  give  writ- 
ten notice  to  any  person  residing  in  the  county  wherein  said 
district  is  located,  whom  he  may  suppose  to  have  in  hisAt 
possession  any  goods  or  chattels,  rights  or  credits,  moneys 
or  wages  belonging  or  owing  to  said  taxable,  stating  the 
amount  of  taxes  due  from  said  delinquent  taxable,  and  if 
the  person  so  served  with  notice  shall  fail  to  deliver  such 
goods  and  chattels,  or  to  pay  so  much  money  or  wages  in 
his  possession  as  shall  satisfy  said  school  tax  due  from  said 
delinquent,  said  collector  may  proceed  by  suit  in  the  name  suit 
of  the  school  district  before  any  Justice  of  the  Peace  in  said 
county,  against  any  person  so  notified  as  aforesaid,  and  re- 
cover against  him  a  judgment  for  the  amount  of  said  tax  of 
said  delinquent  with  costs,  or  for  so  much  thereof  as  may 
be  equal  to  the  value  of  the  goods  and  chattels,  rights  and 
credits,  moneys  and  wages  in  his  hands  at  the  time  of  ser- 
vice of  said  notice,  or  any  time  between  then  and  the  rendi- 
tion of  said  judgment. 

The  warrant  aforesaid   may  be  in  the  following  form: 

" School  district  No.  —  in  --   -  County,  —  -  County,  ss.  |^aof  war- 
The  State  of  Delaware:    To  the  collector  of  - 

We  command  you  to  collect  from  the  respective  persons 
named  in  the  annexed  duplicate,  the  rate  of  -  -  on  every 
hundred  dollars  of  the  amount  with  which  they  respectively 
stand  assessed,  according  to  said  duplicate;  and  if  any  of 
said  persons  shall  not,  in  ten  days  after  demand  pay  the 
sum  which  you  are  required  to  collect  from  him,  you  are 
authorized  to  proceed  in  the  manner  and  use  all  the  means 
provided  by  law  for  the  collection  of  county  rates. 

Given  under  the  hands  and  seals  of  the  subscribers, 
members  of  the  School  Committee  of  the  district  aforesaid, 
the  -  -  day  of  -  -  A.  D.,  18-. " 

If  any  collector  of  a  hundred  or  of  a  district  refuses  to  Refusal  of  coi- 

,  .    , .  -I          i  •  f  •  -i    lector  to  act 

receive  and  execute  a  warrant  directed  to  him  as  aforesaid, 


32 


Penalty 


Executor  or 
adm.  to  act 


Evidence  of 
demand 


Removal  or 
death  of 
taxable 

Suit 


Time  in  whic 
to  collect  tax 


Neglect  to  ppy 
over  tax 


Suit 


School 
property 
exempt  from 
tax 


S(h"iols  to  be 
free 


Age  of  child 


he  shall  forefeit  and  pay  to  the  school  district   affected  the 
sum  of  one  hundred  dollars. 

The  executor,  or  administrator,  of  a  collector,  may 
execute  the  warrant,  and  shall  have  all  his  powers. 

The  oath  of  the  collector,  or  of  his  executor  or  adminis- 
trator, shall  be  competent  evidence  of  the  demand;  and  no 
demand  shall  be  necessary  in  case  of  a  non-resident  of  the 
district. 

If  a  person,  liable  to  pay  a  rate,  removes  from  the  dis- 
trict, or  dies  without  payment,  it  shall  be  deemed  a  debt 
due  the  collector,  and  may  be  recovered  by  suit  before  a 
Justice  of  the  Peace.  Any  collector  appointed  as  afore- 
said, or  to  whom  a  warrant  has  been  directed  as  aforesaid 
shall  within  thirty  days  after  receiving  the  warrant,  pay  to- 
the  school  committee  the  amount  which  he  is  required  to 
collect,  deducting  delinquencies  to  be  allowed  by  them,  and 
his  fees,  at  the  rate  of  ten  per  cent,  on  the  sum  collected 
when  it  does  not  exceed  fifty  dollars,  and  eight  per  cent, 
when  it  exceeds  that  sum;  and  every  collector  of  a  hundred 
or  district,  and  his  sureties,  by  virtue  of  his  official  bond, 
shall  be  liable  thereof  for  every  failure  of  duty  and  default 
in  the  premises;  which  bond  shall  be  proceeded  on  at  the 
instance  of  the  school  committee  of  the  district  aforesaid, 
If  any  collector  shall  neglect  to  pay  to  a  school  committee? 
the  money  collected  by  him  on  the  warrant  of  its  members, 
and  due,  such  a  committee  may,  if  the  amount  does  not 
exceed  two  hundred  dollars,  sue  him  in  the  name  of  the 
district  before  a  Justice  of  the  Peace,  and  recover  the 
same. 

Section  21.  All  public  school  grounds  and  all  public 
school  buildings  and  appurtenances,  maintained  at  public" 
expense,  within  this  State,  shall  be  exempt  from  county, 
town,  municipal,  water,  street,  sewer,  and  all  other  taxes. 

Section  22.  The  schools  in  the  districts  for  white* 
schools  shall  be  free  for  all  the  white  children  of  the  dis~ 
trict  (and  the  schools  in  the  districts  for  colored  schools* 
shall  be  free  for  all  the  colored  children  of  the  district)  of 
six  years  of  age  or  over;  provided  that  any  district  in  the 


33 

State,  including  those  incorporated,  and  including  the  city 
of  Wilmington,  may  establish  a  kindergarten,  which  shall, 
or  may  be  free  for  all  the  white  or  colored  children  (as  the 
case  may  be)  of  the  district  of  the  age  of  four  years  or 
over. 

No  discrimination  against  any  taxable  of  any  district 
shall  be  made  by  the  school  committee  of  the  district,  by 
a  rate,  charge,  or  apportionment,  based  upon  the  atten- 
dance at  the  schools  of  the  district  of  the  child  or  children 
of  such  taxable. 

Section  22J.     Each  school  committee  of  the  trustees  of  Textbook* 
each  school  district  or   districts   in  the   State,  outside  the 
City  of  Wilmington,  shall  furnish  the  necessary  text  books 
free  to  all  the  pupils,  including  colored   children,  enrolled  Free 
in  the  free  public  schools  of   the  State,  in   the  manner  fol- 
lowing: 

The  school  commissioners  or  trustees  shall   order  from  Ordering. 
the   publisher  or   publishers   the  books   which   have   been 
adopted  by  the  State  Board  of  Education  for  use  in  the  free 
schools  of  the  State,  at  the  net   contract   prices   at   which 
the  publishers  have  agreed  to  supply  the  same,  as  follows: 

There  shall  be  a  blank  order  book  prepared  by  the  State 
Treasurer  for  the  use  of  the  school  commissioners,  which 
shall  contain  duplicate  order  blanks,  with  a  printed  list  of 
the  books  which  have  been  adopted  by  the  State  Board  of 
Education,  and  the  net  contract  prices  at  which  the  pub- 
lishers agree  to  furnish  the  same. 

Duplicate  order  shall  be  filled  out  and  signed  by  atDup]icate* 
least  two  of  the  school  commissioners,  or,  in  case  of  united 
or  incorporated  districts,  by  the  president  and  secretary  of 
the  school  board,  one  of  these  orders  shall  be  forwarded  to 
the  State  Treasurer  to  be  forwarded  to  the  publisher  or 
publishers,  and  the  other  shall  be  kept  as  a  stub  in  the  or- 
der book  as  a  voucher. 

The  State  Treasurer,  on  receipt  of  an  order   or  orders  Duty  of  state 
from  the  school  commissioners,  shall  make  an  entry  of  t 
amount  of   the   order  or  orders  against  the  district  or  dis- 
tricts in  a  book  kept  for  that  purpose,  and  shall  forward  the 


34 


Payment  fur 
books 


Distribution  of 


Safe  keep'ng 
of  books 


Selling  books 


Clerk  to 
deliver  books 
to  successor 


Safe  keeping 
of  books 


order  or  orders  at  once  to  the  publisher  or  publishers, 
requesting  them,  on  receipt  of  the  order  or  orders,  to  ship 
the  books  as  directed  at  the  contract  prices  named,  and 
send  duplicate  invoices  or  bills  for  the  same,  one  to  the 
State  Treasurer  and  the  other  to  the  clerk  of  the  district  to 
which  the  books  are  consigned. 

The  State  Treasurer  shall  pay  to  the  publisher  or  pub- 
lishers out  of  the  school  fund  of  the  State  for  books  thus 
supplied,  and  charge  the  amounts  so  paid  to  the  respective 
districts  ordering  said  books,  and  deduct  the  same 
from  the  amount  to  which  such  district  or  districts  may 
be  entitled  as  in  this  Act  provided.  The  State  Treasurer 
shall  pay  no  bills  for  at  least  thirty  days  from  the  time  any 
such  are  rendered,  in  order  that  he  may  be  notified  by  the 
school  commissioners  of  any  error  or  failure  on  the  part  of 
the  publishers  to  supply  the  books  as  ordered  and  directed, 
or  as  billed. 

It  shall  be  the  duty  of  the  clerk  of  each  school  district 
or  districts  to  distribute  the  books  received,  as  aforesaid,  to 
the  scholars  of  the  district  or  districts,  or  their  parents, 
guardians,  or  other  persons  as  they  may  desire,  upon  re- 
ceipt for  the  same. 

The  clerk  of  the  district  or  districts  shall  be  responsi- 
ble for  the  safe  keeping  of  the  books  furnished  him  as 
aforesaid,  and  also  for  prices  of  books  sold,  as  hereinafter 
provided,  to  parents,  guardians,  scholars  or  other  persons. 
Any  money,  or  the  value  of  the  books  which  such  clerk 
shall  fail  to  account  for  according  to  law,  may  be  recover- 
ed in  the  name  of  the  State  by  the  County  Superintendent 
before  a  Justice  of  the  Peace,  as  other  accounts,  when  the 
amount  does  not  exceed  the  sum  of  two  hundred  dollars. 
The  said  clerk  shall,  at  the  expiration  of  his  term  of  office, 
turn  over  to  his  successor  in  office,  all  books  on  hand,  and 
take  a  receipt  for  the  same  which  shall  be  his  voucher  in 
settlement. 

It  shall  be  the  duty  of  the  school  commissioners  to  pro- 
vide for  the  safe  keeping  and  care  of  the  books  which  shall 
be  returned  by  the  pupils  at  the  close  of  the  annual  school 


35 

term  to  the  clerk  of  the  district,  or  to  such  other  person  as 
the  school  commissioners  shall  designate.  They  shall  also 
keep  a  separate  account  of  the  amount  expended  for  books, 
and  shall  report  it  under  a  separate  item  in  the  annual  set- 
tlement required  aforesaid. 

The  school  commissioners  may  furnish  books  at  cost  to  sji*  of  books 
pupils  who  wish  to  replace  books  lost  or  willfully  destroyed, 
or  who  may  wish  to  own  their  books;  and  shall  return  the 
proceeds  of  all  such  sales  into  the  school  fund  of  the  dis- 
trict, and  report  the  amount  at  the  time  of  the  annual  set- 
tlement with  the  State  Auditor  aforesaid. 

It  shall  be  the  duty  of  every  teacher  in  the  free  pub- Reports  of 
lie  schools  of  the  State,  to  make  out  and  hand  to  the  com- commis^oners 
missioners  of  the  district,  at  the  end  of  each  quarter,  a  re- 
port setting  forth  the  whole  number  of  pupils  attending 
the  schools  during  the  quarter,  designating  whether  male 
or  female,  the  number  of  days  each  has  attended,  and  an 
inventory  of  the  books  in  the  school  belonging  to  the  dis- 
trict, stating  by  whom  such  books  are  held,  their  condition, 
and  the  number  of,  and  by  whom  books  have  been  destroyed. 
Until  such  report  shall  have  been  made,  it  shall  not  be  law- 
ful for  the  commissioners  to  pay  such  teacher  his  salary. 
The  reports  made  in  pursuance  herewith  shall  be  forwarded 
annually,  in  the  month  of  April,  by  the  clerks  of  the  seve- 
ral districts  to  the  County  Superintendent  for  the  proper 
county. 

The  State  Treasurer  shall  be  allowed  five  hundred  dol-  Allowance  to 
lars  annually  for  postage,  'stationery,  clerical  assistance,  st 
and  the  like  to  carry  out  the  provisions  of  this  Section, 
and  is  authorized  to  pay  out  of  the  general  fund  of  the 
State,  the  amount  necessary  to  print  order  books  sufficient  Expenses 
to  supply  one  to  each  district  in  the  State. 

Section  23.     The  general  superintendence  of   all  the  county  super- 
free  public  schools  in  each  of  the  counties  of  this  State intendenl 
shall  be  vested  in  a  Superintendent  of  Schools  for  each 
county. 

On  the  second  Tuesday  in  July,  A.  D. ,  1898,  the  Gov-  Appointment 
ernor  shall  appoint  one  suitable  person  to  be  Superintendent 


36 

of  Schools  for  New  Castle  County,  one  suitable  person  to  be 
Superintendent  of  Schools  for  Kent  County,  and  one  suit- 
able person  to  be  Superintendent  of  Schools  for  Sussex 
County,  whose  terms  of  office  shall  expire  on  the  second 
Tuesday  in  July,  A.  D.,  1899.  On  the  second  Tuesday  in 
February,  A.  D.,  1899,  the  Governor  shall  appoint  a  suit- 
able person  to  be  superintendent  of  Schools  for  each  of  the 
Counties  of  the  State,  whose  term  of  office  shall  be  for  two 
years,  or  until  his  successor  is  duly  qualified,  and  such  ap- 
pointment be  made  biennially  thereafter,  and  whose  duties 
shall  begin  on  the  second  Tuesday  of  July  following  his  ap- 
pointment. He  shall  be  entitled  to  a  salary  of  one  thousand 
dollars,  payable  quarterly,  for  each  year  that  he  continues 
to  hold  said  office. 

Qualifications  He  shall  be  a  person  of  good  moral  character  and  well 
qualified  mentally  and  morally  to  perfom  the  duties  of  his 
office.  He  must  have  had  at  least  twenty  months'  experi- 
ence as  a  teacher;  must  at  the  time  of  his  appointment 
hold  a  certificate  of  graduation  from  some  reputable  col- 
lege, or  normal  school,  or  an  unexpired  certificate  of  the 
highest  grade  granted  to  teachers  in  this  State;  and  must 
become  a  resident  of  the  county  for  which  he  is  appointed, 
after  such  appointment,  and  must  continue  a  resident 
therein  during  his  term  of  office.  He  shall  not,  during  his 
term  of  office,  engage  in  any  other  profession  or  vocation; 
nor  shall  he  have  the  right  to  constitute  deputy  or  deputies 
to  perform  any  of  the  duties  herein  assigned  to  him. 

It  shall  be  the  duty  of  each  of  the  said  superintend- 
ents to  advise  with  the  teachers  in  all  the  free  schools 
under  his  supervision,  and  to  strive  to  assist  them  in  their 
tasks;  to  see  that  improved  methods  of  instruction  and 
discipline  are  introduced  in  the  schools,  and  to  create  a 
general  interest  in,  and  give  a  clearer  knowledge  to  the 
people  of  his  county,  of  schools  and  school  systems.  To- 
this  end,  he  shall  visit  each  school  in  his  county  at  least 
once  in  every  year,  each  visit  to  be  of  at  least  two  hours' 
duration;  to  attend  at  each  stated  meeting  of  the  County 
School  Commission  of  his  county,  and  at  each  stated  meet- 
ing of  the  State  Board  of  Education,  and  make  such  report 


37 

concerning  his  work  and  the  condition  of  the  schools  as  the 
said  Commission  or  State  Board  shall  require.  He  shall 
execute  all  such  reasonable  orders  as  the  State  Board  of 
Education  shall  give  him;  shall  make  the  collection  of  and 
report  concerning  school  satistics  in  his  county,  a  special 
part  of  his  work ;  and  generally  shall  do  all  matters  and  . 
things  proper  and  necessary  for  the  interest  and  advance- 
ment of  education  in  the  free  public  schools  of  his  county. 

Each  of  said  superintendents  shall  have  power  to  sus- Powers 
pend  and  withdraw  any  teacher's  certificate  upon  his  re- 
fusal to  comply  with  the  reasonable  directions  made  to  such 
teacher  by  the  said  superintendent,  subject  to  the  right  of 
appeals  as  hereinbefore  provided.  He  shall  note  in  a  book 
to  be  kept  for  that  purpose,  the  number  of  scholars,  the 
condition  of  the  school  buildings,  grounds  and  appurte- 
nances, the  qualifications  of  the  teachers,  the  conduct  and 
the  standing  of  the  scholars,  the  methods  of  instruction, 
and  the  discipline  and  government  of  each  school;  such 
book  must  be  delivered  by  him  at  least  once  in  every  year 
to  the  County  School  Commission  of  his  county,  at  one  of 
its  stated  meetings,  and  to  the  State  Board  of  Education  at 
one  of  its  stated  meetings,  for  inspection  and  reference,  Duties 
and  may  be  called  for  by  either  of  said  bodies  at  any  time. 

Each  of  said  superintendents  shall  frame  a  set  or  sets  Examinations 
of  examination  papers  when  and  as  often  as  he  shall  be  di-qb 
rected  so  to  do  by  the   State  Board  of  Education ;  and  shall 
compile  a  list  of  text  books  when  so  directed  by  said  State  Text  books 
Board;  he   shall  conduct  the  examinations  of  all  teachers 
in  his  county;  the  time   and  place  for   such  examination 

,„,,,.„  ,,  ..  .,,    Examinations 

or  examinations  to  be  fixed  by  him  in  conformity  with 
the  directions  of  the  State  Board  of  Education,  or, 
if  no  such  directions  be  given,  to  be  determined  by  said 
superintendent,  having  due  regard  to  the  convenience 
of  the  teachers  and  the  schools,  such  examination  to  be  Free 
free  to  all,  provided  that  separate  examinations  for 
applicants  to  teach  in  schools  for  colored  children  shall  be 
maintained.  He  shall  make  and  sign  a  certificate  to  each  certificates 
person  passing  such  examination  as  hereinafter  provided; 
and  he  may  countersign  the  certificate  of  a  teacher  made 


38 


Countersign- 
ing 


Teachers'  In- 
stitute 


Require  me  nls 
for  profession 
al  certificate 


Chapter  112, 
Volume  22 


Requirements 
for  first  grade 
certificates 


Chap.  112 
Vol.  22 


Requirements 
for  second 
grade  certifi- 
cates 


and  signed  by  a  County  Superintendent  in  one  of  the 
counties  of  the  State  other  than  his  own,  which  certificate 
so  countersigned,  shall  entitle  the  holder  to  teach;  and  shall 
hold  and  attend  the  Teachers'  Institute  in  his  county  once 
in  every  year  as  hereinafter  provided. 

Section  24.  Every  person  who  is  of  good  moral  char- 
acter, and  who  shall  answer,  at  the  examination  given  by 
the  Superintendent  for  free  schools  as  hereinbefore  pro- 
vided, ninty  per  centum  of  the  questions  asked  in  orthog- 
raphy, reading,  writing,  mental  arithmetic,  written  arith- 
metic, geography,  physiology  and  hygiene,  with  special 
reference  to  the  effects  of  alcoholic  stimulants  and  narcot- 
ics upon  the  human  system,  history  of  the  United  States, 
the  Federal  and  the  State  Constitutions,  pedagogy,  and 
English  grammar;  and  seventy-five  per  centum  of  the  ques- 
tions asked  in  algebra,  geometry,  physics,  natural  philoso- 
phy and  elements  of  rhetoric,  and  seventy-five  per  centum 
of  the  questions  asked  upon  such  other  branches  and  sub- 
jects as  the  State  Board  of  Education  shall  direct  to  be  in- 
cluded in  such  examinations;  shall  receive  from  the  super- 
intendent a  professional  certificate  which  shall  be  good  for 
ten  years,  unless  sooner  revoked  as  hereinbefore  provided. 

Every  person  who  is  of  a  good  moral  character,  and  who 
shall  in  examination,  answer  ninety  per  centum  of  the 
questions  asked  in  orthography,  reading,  writing,  mental 
arithmetic,  written  arithmetic,  geography,  phyisology  and 
hygiene  with  special  reference  to  the  effect  of  alcoholic 
stimulants  and  narcotics  upon  the  human  system,  history 
of  the  United  States,  the  Federal  and  the  State  Constitu- 
ions,  pedagogy  and  English  grammar,  and  seventy-five  per 
centum  of  all  the  questions  asked  on  such  other  subjects  or 
branches  as  the  State  Board  of  Education  shall  direct  to  be 
included  in  the  examination;  shall  receive  from  the  super- 
intendent a  first  grade  certificate,  which  shall  be  good  for 
five  years  unless  revoked  as  aforesaid. 

If  any  person  shall  fail  to  answer  ninety  per  centum  of 
the  questions  asked  in  the  branches  specified  for  first  grade 
certificates,  but  shall  answer  at  least  seventy-five  per 
centum  thereof,  and  shall  also  answer  seventy-five  per 


39 

centum  of  all  the  questions  upon  the  other  subjects  or 
branches  directed  by  the  State  Board  as  aforesaid,  he  shall 
receive  from  the  superintendent  a  second  grade  certificate, 
which  shall  be  good  for  two  years,  unless  revoked  as  afore- 
said. 

(Paragraph  repealed  by  Chapter  112,  Volume  22.) 

Every  teacher  in  the   free  public  schools  of   the  State, 
including  those   employed  in   incorporated   districts,  shall 
attend  at  each  day's  session  of  the  Teachers'  Institute  held 
in  the  county  in  which  he  is  employed,  unless  excused  from 
so  doing  by  the  committee  or  Board  of  Education  employ  ingE*cuse 
him;    and  no  such  excuse  shall  or  may  be  given  except  for 
sufficient  cause.    No  committee  or  Board  of  Education  shall 
make  any  reduction  or  deduction  in  the  salary  of  a  teacher  No  reduction 
on  account  of  absence  from  school  while  attending  such  in-  in  pay 
stitute. 

The  salaries  of   teachers  in   the  free  public  schools   of  salaries  of 
the  State  shall  be  paid  quarterly  at  least. 

Every  teacher  in  the   free  public  schools  in  the   State  Annual  report 
shall,  anually,  make  and  send  to  the  State  Board  of 


tion,  through  any  of  its  members,  during  the  month  of  May 
in  each  year,  a  statement  of  the  number  of  pupils  in  at- 
tendance in  his  school,  and  the  number  of  full  days  in  at- 
tendance by  each  pupil,  and  the  number  of  children,  accord- 
ing to  his  best  estimate,  residing  in  the  district,  over  the 
age  of  four  years,  not  attending  any  school  whatever,  how 
many  full  days  the  school  in  which  he  teaches  has  been 
open  and  ready  for  instruction  of  pupils  during  the  year, 
and  how  often,  and  for  what  length  of  time,  the  school  was 
visited  during  the  year  by  each  member  of  the  committee 
or  Board  of  Education  of  the  district,  and  by  the  county 
superintendent.  Such  statement  shall  be  verified  by  the  Affidavit  to 
affidavit  of  the  teacher  making  it,  before  any  Justice  of  the 
Peace  of  the  county;  the  fees  of  the  justice  in  such  matter 
shall  be  a  debt  of  the  district,  and  shall  be  paid  accordingly. 
In  the  case  of  graded  schools  the  principal  alone  may  make 
the  statement. 


40 


S>^unftyreport        A   copy  of  said  statement  shall  also  be  transmitted  by 
Siss?oncora"     every  school  teacher  as  aforesaid  and  at  the  time  aforesaid, 


•certificates 


to  the  County   School  Commission 
through  any  of  its  members. 


of   the  proper    county, 


duty  of  the  County  School  Commission, 
and  also  the  State  Board  of  Education,  to  report  the  neg- 
lect, omission  or  failure  on  the  part  of  any  teacher  in  any 
district,  including  incorporated  districts  to  make  the  state- 
ment at  the  time  and  in  the  manner  aforesaid,  to  the  proper 
superintendent,  and  thereupon  the  said  superintendent  shall 
have  the  power,  and  it  shall  be  his  duty,  to  suspend  the 
certificate  of  such  teacher  until  a  complete  and  correct 
statement  jAforesaid  shall  have  been  made  by  such  teach- 

er. V 


^n  case  anv  applicant  for  a  certificate  shall  be  refused 
one  by  the  County  Superintendent  on  the  ground  that  the 
said  applicant  has  failed  to  answer  the  per  cent,  of  the 
questions  asked  in  the  examination,  as  hereinbefore  in 
this  section  provided,  such  applicant  shall,  if  he  desires  to 
appeal  to  either  the  State  Board  of  Education  or  the  proper 
County  School  Commission,  have  the  right  to  require  that 
said  superintendent  shall  exhibit  a  copy  of  the  questions 
submitted  at  such  examination,  together  with  the  answers 
be  given  by  said  applicant,  when  such  answers  were  written; 
provided  that  the  appeal  be  made  at  the  stated  meeting 
next  following  said  examination. 

Section  25.  It  shall  be  the  duty  of  the  superintendent 
of  free  schools  for  each  county  in  the  State,  to  hold  in  his 
county  a  teachers'  institute  for  the  teachers  in  the  free 
public  schools  for  white  children  under  his  supervision,  at 
least  once  in  every  year,  and  of  at  least  three  days'  session. 


Appropriation 


«i5o  for  each 


To  defray  the  expenses  of  the  said  institute,  the  State 
Treasurer  shall,  upon  the  draft  of  the  County  Superintend- 
ent, pay  to  the  said  superintendent,  out  of  the  general 
fund  of  the  State,  one  hundred  and  fifty  dollars  to  be  ex- 
pended by  the  said  superintendent  for  the  institute  in  his 
county,  and  for  no  other  purpose. 


41 

It  shall  be  the  duty  of  the  said  superintendent  to 
present  at  each  day's  session  of  the  institute  in  his  county, 
and  to  do  all  in  his  power  to  inform  the  teachers  under  his 
superintendence,  by  his  own  advice  and  suggestions,  and 
by  the  advice  and  sugggestions  of  professional  educators 
whose  services  he  can  secure, of  the  most  improved  and  ad- 
vanced systems  of  instruction  and  discipline. 

Each  of  said  superintendents  shall,  during  the  year, 
appear  before  the  State  Auditor  and  make  settlement  with 
him  of  all  the  moneys  so  expended  by  him  for  the  institute 
in  his  county,  and  shall  pay  over  to  him  all  unexpended 
balances  in  hands. 

The  State  Auditor  shall  issue   to  the  Coui^^Superin- 
tendent  for  Kent  County,  in  the  month  of  OctojJ^in  every 
year  a  warrant  for  the  payment  of  the  sum  of  one  hundred 
and  fifty  dollars  for  the  support  and  maintenance  of   thev°1<22 
Delaware  Colored  Teachers'  State  Institute. 

The  State  Treasurer  shall  pay,  out  cf  the  general  fund  Payment 
of  the  State,  to  the  said  superintendent  the  said  sum  of  chap  116) 
one  hundred  and  fifty  dollars  upon  the  presentation  of  thevo1 22 
warrant  of  the  State  Auditor  aforesaid. 

It  shall  be  the  duty  of  said  Superintendent  to  make 
arrangements  for  said  Institute  and  to  be  present  at  eachbfii's 
day's  session,  and  to  do  all  in  his  power  to  inform  the  said 
colored  teachers  by  his  own  advice  and  suggestions  and  by^a 
the   advice   and    suggestions     of    professional    educatorsvoL22 
whose  services  he   can  secure,  of  ihe  most  improved  and 
advanced  system  of  instruction  and  discipline. 

As  soon  as  possible  after  the  close  of  the  said  institute, 
the  said  Superintendent  shall  present  his  accounts  and 
vouchers  to  the  State  Auditor  for  settlement  and  pay  over 
any  unexpended  balance  of  said  appropriation  to  the  State 
Treasurer. 


Section  26.     The  State  Auditor  shall  between  the 
day  of  July  and  the  first  day  of  September  in  each  year,  jchooi  commit- 
settle  the  accounts  of  all  the  school  committees  of  the  State. 
For   this    purpose,    every    such    committee    shall,    under  g^y  for 
penalty  of   forfeiting  to  the  district  twenty-five  dollars  for 


42 


May  compel 
them 


What  settle- 
ment must 
show 


When  auditor 
shall  ref^e 
to  settle 


Consequence 
of  refusal 


neglect,  appear  with  its  accounts  and  vouchers  before  him 
when  he  shall  attend  in  the  county  for  that  purpose, 
whereof  he  shall  give  notice.  He  may  compel  them,  by 
attachment,  to  appear  and  settle.  The  settlement  shall  show 
how  long  school  was  kept  in  the  district,  the  compensation 
of  the  teacher,  and  the  number  of  scholars;  the  sum  raised, 
the  sum  drawn,  and  the  sum  expended;  all  of  which  shall 
be  stated  in  the  Auditor's  report  to  the  General  Assembly. 

In  case  any  school  committee  shall  have  failed  or  neg- 
lected to  make  proper  return  upon  the  blank  forms  furnish- 
ed it  by  the  State  Board  of  Education,  as  provided  in  this 
Act,  or  in  case  the  schools  in  the  districts  for  which  the 
committee  acts  have  not  been  kept  open  for  the  time  speci- 
fied in  Section  15  of  this  Act,  the  Auditor  shall  refuse  to 
settle  the  accounts  of  such  committee;  and  if,  in  conse- 
quence, settlement  of  any  account  shall  not  be  made  during 
his  attendance  for  that  purpose,  the  school  committee  shall 
incur  the  forfeiture  by  this  Section  provided,  and  there 
shall  be  the  same  liabilities  and  consequences  as  if  it  had 
failed  to  appear. 

If  any  committee  shall  fail  to  appear  and  settle  with 
the  Auditor,  or  if,  on  such  settlement,  it  appears  that  it, 
or  any  of  its  members,  has  misapplied,  or  does  not  account 
for  the  money  received  by  it,  or  with  which  it  is  charge- 
able, the  Auditor  shall  make  known  the  facts  by  letter, 
addressed  to  the  Chairman  and  secretary  of  the  last  stated 
meeting. 

Section  27.  The  money  appropriated  by  the  General 
Assembly  for  the  benefit  of  the  free  public  schools,  for 
each  year,  together  with  the  income  of  the  investments 
of  the  public  school  fund  as  it  was  constituted  by  law  at 
the  time  of  the  passage  of  this  Act,  shall  constitute  the 
school  fund  for  the  year. 

The  State  Treasurer  shall,  by  virtue  of  and  during  the 
continuance  of  his  office,  be  the  trustee  of  the  school  fund, 
and  shall  annually  in  the  month  of  September  apportion 

Apportion 

mentoffund    said   fund   among  the   several  counties   of   this  State,  and 
distribute  each  county's  share  of  said  apportionment  among 


Notice  of  fail- 
ure to  settle  or 
to  account 


School  fund 
how  consti- 
tuted 


Trustee  of 
School  fund 


43 

the  school  districts  of  the  county;  such  apportionment  and 
such  distribution  to  be  made  in  the  manner  and  according 
to  the  same  rules  as  prescribed  and  provided  for  the  appor- 
tionment of  the  school  fund  by  the  laws  of  this  State  which 
were  in  force  and  operation  at  the  time  of  the  passage  of 
this  Act,  except  special  Acts  or  parts  of  Acts,  referring  to  \ 
the  distribution  of  the  school  fund  to  particular  districts,  / 
and  such  laws,  so  far  as  they  affect  the  apportionment  and 
distribution  of  the  school  fund,  shall  be,  and  are  hereby 
continued  in  full  force  and  operation ;  the  amount  appro- 
priated by  the  General  Assembly  to  be  apportioned  and 
distributed  in  the  same  manner  as  the  fees  for  licenses, 
forming  a  part  of  the  old  school  fund  were  apportioned  and 
distributed  prior  to  the  passage  of  this  Act.  Provided, 
however,  that  in  the  distribution  of  each  county's  share  of 
said  school  fund,  among  the  school  districts  of  the  county, 
no  discrimination  shall  be  made  between  the  districts  for 
white  schools,  and  the  districts  for  colored  schools  to  be 
created  and  laid  out  under  the  provisions  of  this  Act  but 
each  of  said  districts  for  colored  schools  shall  be  deemed 
and  taken  by  said  Trustee  of  the  School  Fund  to  be  on  the 
same  basis  and  entitled  to  the  same  provisions  as  any  dis- 
trict for  white  schools  in  the  same  county.  The  distribu- 
tion  by  the  Trustee  of  the  School  Fund  to  several  school 
districts  as  aforesaid,  shall  be  in  the  following  manner: 
He  shall  place  the  amount  due  the  respective  districts  to 
the  credit  of  the  said  respective  districts  in  the  Farmers' 
Bank  of  each  of  the  counties  in  which  the  districts  are 
severally  situated;  he  shall  then  furnish  the  commissioners 
or  Board  of  Education  of  each  single,  united  and  incorpor- 
ated district  with  blank  drafts,  numbered  consecutively,  Drafts 
in  the  following  form: 


No. . 

Form  of 

School  District  No.  —         -  County,  Delaware. 

The  Farmers'  Bank  of  the  State  of  Delaware  pay  to— 
or   order  -       -  dollars,    being  salary   due   the   payee,    as 
teacher,  for   the  -       -  ending  the day  of A.  D., 


44 

18—.      Charge   same   to   the   account  of   School    District 
No.  -  -  County.     $ . 


Commissioners  of  District  No.  —  County 


Clerk  of  District  No.  -         -  County. 

Drawing  fund  The  money  thus  deposited  in  the  Farmers'  Bank  of  the 
State  of  Delaware  to  the  credit  of  the  respective  districts, 
shall  be  drawn  out  only  upon  the  presentation  of  drafts  as 
aforesaid,  made  payable  to  the  teacher  of  the  school  of  the 
district,  signed  by  a  majority  of  the  commissioners  or 
Board  of  Education,  as  the  case  may  be,  attested  by  the  clerk 
of  the  district,  and  endorsed  by  the  teacher  to  whose  order 
*S  mac^e  Payakle-  Such  drafts  made  by  the  commission- 


sofu«e 

seers  as   aforesaid,  shall  be  for   the  salary   due  the   teacher, 

and  for  no  other  purpose;  but  no  teacher  employed  in  any 
free  school  in  any  single  district   thai  is  not  incorporated 
Limitof  salary  in  this  State,  shall  be  paid  from  the  school  funds  of  this 
'        State  apportioned  to  the  district  and  deposited  as  afore- 
said, a  salary  exceeding  forty   dollars  per  month. 

It  shall  be  the  duty  of  the  Trustee  of  the  School  Fund, 
ovorln  Sends  *n  making  the  apportionment  among  the  school  districts  as 
of  districts  hereinbefore  provided,  in  the  month  of  September,  in  every 
year,  to  ascertain  from  the  settlements  of  the  State  Audi- 
tor with  the  several  districts  of  this  State,  made  in  the 
months  of  July  and  August  preceding,  as  hereinbefore  pro- 
vided, the  amount  or  amounts  of  money  each  district  may 
have  in  hand  that  has  been  received  from  the  State,  and 
raised  by  taxation  as  required  by  this  Act,  and  is  unex- 
pended at  the  end  of  the  school  year  next  preceding.  He 
shall  then  deduct  and  retain  from  the  sums  or  apportion- 
ments to  which  such  districts  are  respectively  entitled  in 
the  distribution  of  the  school  fund  of  the  State,  amounts 
equal  to  that  which,  from  the  State  Auditor's  settlement 
aforesaid,  appear  to  be  respectively  unexpended  in  the 
hands  of  the  commisisoners  or  clerks  of  the  districts  afore- 
said, and  place  the  balance  of  the  apportionments  or 
amounts  to  which  the  districts  are  respectively  entitled 


45 

as  aforesaid  to  the  credit  of  the  said  districts  in  the  man- 
ner provided  elsewhere  in  this  Act.  Provided,  however,  Proviso 
that  should  any  district  raise  by  taxation  more  money  than 
that  district  is  by  this  Act  required  to  raise  in  order  to  be 
entitled  to  receive  its  apportionment  of  the  school  fund 
aforesaid,  such  amount  that  is  in  excess  of  the  amount  re- 
quired by  this  Act  to  be  raised  by  taxation  as  aforesaid, 
shall  not  be  charged  against  or  be  deducted  from  the  ap- 
portionment for  such  district,  but  the  amount  so  in  excess 
as  aforesaid,  shall  be  retained  by  the  districts  raising  the 
same,  to  be  therein  applied.  The  amounts  retained  by  the  JSSSSJ0 
trustee  of  the  school  fund,  and  deducted  as  aforesaid  from  deducted 
the  apportionment  of  the  districts  having  in  hand  money 
unexpended  at  the  end  of  the  year,  in  excess  of  the 
amounts  required  to  be  raised  by  taxation  aforesaid,  shall 
be  by  said  trustee  of  the  school  fund  placed  to  the  credit  of 
the  county  in  which  the  districts  having  moneys  unex- 
pended as  aforesaid  are  respectively  situated,  and  be  reap- 
portioned  among  the  districts  of  the  county  entitled  there- 
to. 


No   school  districts   in  this  State   shall  be   entitled   to  *$£%$  t°axbe 
share  in  the  apportionment  of  the  school  fund  for  any  year,  JSiffiS  fo  title 
nor  shall  the  trustee  of  the  school  fund  deposit  any  amount  fund 
during  the  year  to  said  district's  credit,  as  hereinbefore 
provided,  unless  it  shall  appear  from  the  settlement  of  the 
school  committee  of   such  district  with  the  Auditor  then 
next  preceding   the  time  of  such  apportionment,  that  said 
district  has  raised  by   taxation  or  subscription,  the  sum  of 
one  hundred  dollars,  if  said  district  is  situated  in  either  of 
the   counties  of  New  Castle  or  Kent,  or   sixty   dollars,  if  in  New  castie 

j>    rx  ii      County 

said  districts  are  situated  in  the  county  of  Sussex;  in  the 
case  of  districts  for  white  schools,  or  fifty  dollars  if  said  Kent  county 
district  is  situated  in  either  of  said  counties  of  New  Castle  guggex  Count 
or  Kent;  or  the  sum  of  thirty   dollars  if  said   district  is 
situated  in  said  county  of  Sussex,  in  the  case  of  districts  colored 
for  colored  schools. 

Section  28.     Nothing   in  this   Act  shall  be  deemed   orReappoint- 
taken  to   prevent  the  reappointment  or  re-election  of  any  Section  o? 

*  .  .   .      ...       A  school  officers 

school  officer  mentioned  in  this  Act. 


46 


Section  29.  All  the  provisions  of  the  school  laws  of 
m  force  this  State  which  were  in  force  and  operation  at  the  time 
of  the  passage  of  this  Act,  providing  penalties  and  for- 
feitures for  the  nonfeasance,  misfeasance  or  malfeasance 
of  any  person  whomsoever,  shall  and  are  hereby  continued 
in  full  force  and  operation  so  far  as  to  apply  to  any  such 
non-doing,  mis-doing,  or  wrong-doing  occurring  prior  to 
the  passage  of  this  Act, 

Law  applicable  Section  30.  All  the  provisions  of  this  Act,  where  not 
inconsistent  with  the  provisions  of  the  several  acts  incor- 
porating the  respective  incorporated  districts  in  this  State, 
shall  apply  to  such  incorporated  districts;  and  where  any 
provision  of  this  Act  is  expressly  made  applicable  to  incor- 
porated districts,  such  provision  shall  apply  to  such  dis- 
tricts, whether  inconsistent  or  not. 

Section  31.  None  of  the  provisions  of  this  Act  shall 
be  deemed  or  taken  to  affect  or  in  anywise  alter  the  rights, 
privileges  and  immunities  belonging,  at  the  time  of  the 
passage  of  this  Act,  to  the  free  schools  in  the  City  of  Wil- 
mington, including  those  for  colored  children  in  said  city. 

Section  32.  All  Acts  and  parts  of  Acts  vesting  in  the 
school  committees,  trustees,  or  boards  of  education  of  cer- 
tain particular  school  districts  the  power  to  raise  and  col- 
lect, without  regard  to  any  vote  thereon,  amounts  in  ex- 
cess of  those  provided  by  this  Act,  are  hereby  continued 
in  full  force  and  operation. 

Section  33.  All  Acts  and  parts  of  Acts  inconsistent 
with  this  Act  are  hereby  repealed. 

Approved  May  12,  1898,  with  all.  subsequent  amend- 
ments. 


Not, to  affect 
Wilmington 
Schools 


Certain  laws 
continued 


47 


AMENDMENTS  TO  THE  SCHOOL  LAWS. 


CHAPTER  219,  VOLUME  21. 

OF  FREE   SCHOOLS. 

AN  ACT  Providing  Graded  School  Facilities  for  the  Children  of  the  State. 

Whereas,  There  are  a  number  of  School  Districts  in 
this  State  in  which  no  graded  schools  exist,  whereby  the 
children  of  such  districts  are  deprived  of  many  of  the  ad- 
vantages of  a  common  school  education  enjoyed  by  the 
children  in  other  districts; 

And  Whereas,  such  districts  are  contiguous  or  close 
to  other  districts  in  which  free  graded  schools  are  now 
established  and  maintained,  wherein  the  children  of  such 
first  mentioned  districts  might  receive  all  the  advantages 
afforded  by  graded  schools  without  impairing  the  rights  and 
privileges  of  the  children  now  attending  such  schools,  if 
permitted  so  to  do  without  extra  cost  and  expense;  now 
therefore 

Be  it  enacted  by  the  Senate  and  House   of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Section  1.     That  from  and  after  the  passage  of 
Act,  it  shall  be  the  duty  of  the  State  Board  of  Education, 
and  the  same  is  hereby  authorized,  empowered  and  direct- 
ed to  select  such   and  such  number  of  the   free  graded 
schools   now  established   and   maintained   in   any   of  the 
school   districts  of  this  State,  for  the  purpose  of  admitting 
to  such  schools  the  children  of  other   districts  in  which  no 
graded   school  exists;  and   that  the  schools  so  elected  as 
aforesaid,  shall  then  be   free  to  all  the  children  of  school  schools  s^ect-^ 
age  of  the  County  in  which  such  schools  are  situated,  or  of  children  of 
such  district  or  districts,  or  of  such  parts  thereof,  as  shall  districts 
be  determined  by  said   Board  and  under  the  rules  and  reg-  „ 

i  ,  ,,  •  i    T%          i  i./.         Regulations 

ulations  to  be  promulgated  by  said  Board  as  hereinafter 
provided. 


ot  chi  d- 


48 

scenooifion  °f        Section  2.     That  the   names  and   numbers  of  the  free 

graded  schools  so  selected  as  aforesaid,  shall  be  certified 

by  said  Board  to  the  school  committees  or  Boards  of  Edu- 

cation of  such  schools,  and  also  to  the  school  committees  of 

all  the  districts,  the  children  of  which  the  said  Board  shall 

determine  may  be  admitted  in  such  free  graded  school.  And 

for  the  purposes   and  provisions  of  this  Act,  the  said  State 

Board  of  Education  shall  have  full  and  final  power  to   de- 

power  of  state  cide  what  shall  constitute  a  graded  school,  and  what  dis- 

S3Slof  Edu"  trict  or  districts  are  without  such  graded  schools. 

Rules  and  res         Section  3.     That  the  said  State  Board  of  Education 
ernii?g  admTs-  shall  also  have  full  and  final  power  and  authority  to  pro- 
muigate  such  rules  and  regulations  governing  the  admis- 
sion of  all  children  under  the  provisions  of  this  Act,  pro- 
vided  that   no   free  graded   school  shall  be   compelled   to 
admit  to  any  of   its  departments  any   child  from   another 
district,  when  such  department  is  already  full;  and  such 
rules  and  regulations  shall  be   binding  upon  all  the  dis- 
tricts  in  this  State.      The    said    rules    and    regulations, 
together  with  the  names   and    numbers  of    the  districts 
affected,  shall  be  certified  by  said  Board  to  ihe  School  Com- 
mittees or  Boards  of  Education  of  all  the  districts  affected 
Advertisement  thereby.      Such  rules  and  regulations,  and  such  names  and 
of  numbers  shall  be  advertised  in  such  manner,  and  for  such 

length  of  time  as  said  Board  shall  deem   proper;  which 
advertisement  shall   be  paid  for   as  other  printing  of   said 
Board.     The  said  Board  shall  also  have  full  power  to  alter, 
Alterations  of  change,  or  add  to  any  of  such  rules  and  regulations  at  any 
rules,  &c.        time  it  may  think  proper. 

powers  of  Section  4.     The  several  County  School  Commissioners 

now  established  by  law  shall  have  full  and  final  power, 
jurisdiction  and  authority  to  hear  and  finally  determine 
any  disputes  arising  under  this  Act  between  any  parent  or 
guardian  of  any  child,  and  any  school  officer,  or  between 
several  school  officers,  school  committees  or  Boards  of 
Education;  and  in  case  any  of  said  School  Commissions 
shall  determine  that  any  child  should  be  admitted  to  any 
free  graded  school,  selected  by  the  State  Board  as  afore- 
said, and  any  school  officer  shall  refuse  to  admit  such  child, 


49 

the  said  Commission  shall  certify  the  facts  to  the  State 
Auditor,  upon  which  it  shall  be  unlawful  for  said  Auditor  to 
settle  any  of  the  accounts  of  the  district  wherein  such 
graded  school  is  situated,  until  a  further  certificate  from 
said  Commission  that  such  child  has  been  admitted. 

Section  5.     Whenever  any  child  shall  be  admitted  under  Tearherof 
provisions  of  this  Act,  to  any  free  graded  school, the  teacher  fo*eru 
or  principal  of  such  school,  shall,  within  ten  days,  certify  gjjjjj^'^*0 
such  fact,  together  with  the  name  of  the  child,  the  date state  Bo*rd 
of  admission,  the  name  or  number  of   the  school  district  in 
which  such  child  lives,  and  the  name  or  number  of  the  dis- 
trict of   such  free   graded   school,  to  the  State  Board  of 
Education,  and  the  said  Board  shall  certify  the  substance 
of  the  aggregate  of  such  certificates  to  the  State  Treasurer  state  Board  to 
sometime  before  the  first  day  of  July  in  each  year.    When- 
ever  it  shall  appear  from  the  certificates  of  the  principals 
or  teachers  in  the  free  graded  schools  of  any  county,  that 
two  hundred  and  fifty  children  have  been  admitted  to  such 
schools  under  the  provisions  of  this  Act  in  any  one  county,  admitted 
it  shall  be   the  duty  of  the  State  Board  to  notify  the  com- 
mittee or  Board  of  Education  of  each  of  the  graded  schools 
so  selected  by  it  as  aforesaid,  in  such  county,  that  no  fur- 
ther children  shall  be  admitted  under  the  provisions  of  this 
Act, and  the  said  Board  shall  not  certify  any  further  names 
to  the  State  Treasurer  as  aforesaid. 

Section  6.  That  for  every  child  admitted  under  theGraded 
provisions  of  this  Act  to  any  free  graded  school,  such  f ree 
graded  school  shall  be  entitled  to  receive  the  sum  of 
twenty  cents  for  each  day's  attendance  of  such  child  in 
such  graded  school,  and  the  entire  amount,  due  tosuchHow  aid 
graded  school  for  such  child,  shall  be  paid  to  the  district 
in  which  such  graded  school  is  situated,  by  the  State 
Treasurer  for  every  child  so  admitted  as  aforesaid,  some- 
time in  the  month  of  July,  upon  receiving  the  vouchers  of 
the  teachers  or  principal  of  such  graded  school  showing 
the  name  or  names  of  such  child  or  children  so  admitted  as 
aforesaid,  and  the  number  of  days*  attendance  of  each  such 
child  in  such  graded  school;  provided,  that  no  moneys  shall 
be  paid  by  the  State  Treasurer  under  the  provisions  of  this  Exception 


50 


Act  to  any  district  for  or  on  account  of  the  admission  of 
any  child  whose  name  does  not  appear  upon  the  certificate 
of  the  State  Board  to  the  State  Treasurer  as  provided  in 
Section  5  of  this  Act,  as  having  been  admitted  to  the 
graded  school  of  such  district.  The  said  State  Treasurer 
toact?r«[yasurer  shall  then  certify  the  amount  so  paid  to  any  district,  to  the 
State  Auditor  who  shall  include  it  in  the  settlements  of 
the  accounts  of  the  Districts  so  receiving  said  amount  as 
aforesaid. 


t  o  State 
Auditor 


Board  of 
Education  in 
Wilmington 
may  refuse 
to  admit 
non-resident 
pupils 


May  charge 
and  fix 
amount  of 
tuition 


When  ad- 
mitted State 
Treasurer  to 
pay  the 
amount  pro- 
vided by  law 


Board  of 
•Education  of 
Wilmington 
sam«  powers 
as  County 
School 
Commissioners 


Section  7.  That  nothing  in  this  Act  shall  be  deemed 
or  construed  to  prohibit  or  prevent  "  The  Board  of  Public 
Education  in  Wilmington"  from  refusing  in  its  discretion 
to  admit  to  any  of  the  Public  Schools  in  the  City  of  Wil- 
mington any  child  not  residing  in  said  city  or  from  charg- 
ing for  the  tuition  of  any  such  non-resident  child,  such 
sum  as  the  said  Board  may  deem  proper;  provided,  how- 
ever, that  when  any  such  child  shall  be  so  admitted  to  the 
Public  Schools  of  the  City  of  Wilmington,  under  the  pro- 
visions of  this  Act  and  with  the  consent  of  the  said  Board 
of  Education,  then  the  said  Board  of  Public  Education  in 
Wilmington  shall  be  entitled  to  receive  from  the  State 
Treasurer  the  amount  due  under  the  provisions  of  this  Act 
for  the  tuition  of  such  child  and  the  amount  so  received 
from  the  State  Treasurer  for  the  tuition  of  such  child  shall 
be  deducted  from  the  amount  due  from  the  parents  or 
guardian  of  such  child  for  its  tuition  as  fixed  by  "The 
Board  of  Public  Education  in  Wilmington* '  and  provided 
further,  that  all  rights  and  powers  vested  in  the  State 
Board  of  Education  or  the  County  School  Commissioners  by 
virtue  of  this  Act  shall,  within  the  corporate  limits  of  the 
City  of  Wilmington,  be  vested  in  "The  Board  of  Public 
Education  in  Wilmington." 

Approved  March  9,  A.  D.  1899. 

Amended  and  approved  February  25  and  April  19,  A. 
D.  1909. 


51 


CHAPTER  220,  VOLUME  21. 

OF  FREE  SCHOOLS. 

AN  ACT  Providing  for  Circulating  Libraries  for  Use  of  the  Public  Schools  of 

the    State. 

Be  it  enacted   by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  assembly  met: 

Section  1.     That   the   State   Treasurer   be,  and   he 
hereby  authorized  and  directed  to  pay  on  the  first  Mondaycommitteeon 

....  traveling  libra- 

in   the  month  of  April  in  each   and   every  year  after  the 


passage  of  this  Act,  beginning  on  the  first  Monday  in  saidw°men'sciubs 
month  of  April  in  the  year  eighteen  hundred  and  ninety- 

j.  ,      ....  When  to  be 

nine  (out  of  any  moneys  then  being  in  his  hands  as  s 


State  Treasurer)  the  sum  of  one  hundred  dollars  to  the 
chairman  of  the  "Committee  on  Traveling  Libraries"  of 
•"The  State  Federation  of  Women's  Clubs  of  Delaware." 

Section  2.  That  the  said  sum  of  one  hundred  dollars  HOW  to  be  used 
so  paid  in  each  year  as  aforesaid  shall  be  used  by  the  said 
^'Committee  of  Traveling  Libraries"  for  the  exclusive  pur- 
pose of  purchasing  books  and  cases  to  hold  the  same,  and 
circulating  them  among  the  Public  Schools  throughout  this 
State,  under  such  rules  and  regulations  as  said  Committee 
shall  deem  proper.  The  said  commmittee  to  receive  no 
compensation  whatever  for  their  services. 

Section  3.     That  the  said  Committee  shall  make  a  re-  Report 
port  of  their  expenditure   of  said  moneys  to  the   General 
Assembly  of  this  State  at  each  of  its  bi-ennial  sessions. 

Approved  March  16,  A.  D.  1899. 


52 


CHAPTER  112,  VOLUME  22. 

AN  ACT  Prescribing  the  Method  of  Apportioning  the   Public   School  Fund 
Among  the  School  Districts  of  this  State. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaivare  in  General  Assembly  met: 

state  Auditor  Section  1.  That  in  order  that  the  Trustee  of  the 
to ?rus?eeofort School  Fund  shall  have  the  information  necessary  to  dis- 
echooiFund  tribute  the  public  school  fund  of  the  State,  it  shall  be  the 
duty  of  the  Auditor  of  Accounts,  to  examine  and  settle 
the  accounts  of  every  single,  united,  consolidated  and  in- 
corporated school  district  in  the  State  between  the  first 
day  of  July  and  the  tenth  day  of  August  in  each  year,  and 
to  report  the  result  of  such  settlements  to  the  Trustee  of 
the  School  Fund  on  or  before  the  twentieth  day  of  August, 
giving  the  amounts  remaining  in  the  hands  of  such  dis- 
tricts unexpended  of  the  moneys  received  from  the  State 
and  required  to  be  raised  by  taxation  in  order  to  entitle 
such  districts  to  their  shares  of  the  said  moneys  from  the 
State,  the  number  of  teachers  employed  in  each  school  and 
the  number  of  days  taught  by  each  teacher  during  the 
school  year. 

Aro°5ation ap"  Section  2.  That  the  income  arising  from  the  invest- 
ments for  the  benefit  of  the  Public  School  Fund,  together 
with  the  money  appropriated  from  time  to  time  by  the 

Amended        General  Assembly  for  the  benefit  of  the  free  public  schools. 

Chapter  339,  _      ,,  .        . 

volume  22  which  said  appropriation  shall  not  be  less  than  one  hun- 
dred and  thirty-two  thousand  dollars  annually,  shall  be 
apportioned  among  the  school  districts  of  the  State  in  the 
following  manner: 

BOW  divided  The  Trustee  of  the  School  Fund  shall  annually  in  the 

month  of  August  divide  the  said  income  and  appropriation 
among  the  school  districts  of  the  State,  including  consoli- 
dated, united  and  incorporated  districts  or  schools,  accord- 


53 

ing  to  the  number  of  teachers  employed  for  at  least  one 
hundred  and  forty  days  during  the  previous  school  year. 

In  order  to  entitle  any  school  district    to    receive 


share  of  said  money  so  apportioned  such  district  shall  have  »Jpn  .to  «ntitie 

.      .  ,       district  to  re- 

raised by  taxation,  or  subscription  for  school  purposes  dur-ceive  dividend 

ing  the  previous  school  year,  if  a  white  school  district,  at 
least  one  hundred  dollars  for  each  teacher  employed,  and, 
if  a  colored  school  district,  at  least  fifty  dollars  for  each 
teacher  employed. 

Provided,  that  the  Trustee  of  the  School  Fund  shall, 
at  the  time  of  making  said  apportionment  apportion  to  any 
school  district  that  shall  on  or  before  the  twentieth  day  of 
August  file  with  him  a  certificate  of   the  County  School 
Commission  of  the  County  in  which   such  district  is   situ- 
ated that  an  additional  teacher  or  teachers  are  needed  in  Additional 
such  district  and  that  such  district  is  provided  with  suit-securedd>b° 
able  room  or  rooms  for  such  teacher  or  teachers  and  has 
levied  and  assessed  an  additional  tax  in  said  district  of, 
if  a  white  school,   one  hundred  dollars,  and,  if  a   colored 
school,  fifty  dollars  for  every  such  additional  teacher  so 
desired  and  intended  to  be  employed  for  the  next  school 
year,  an  additional  share  or  shares  of  the  moneys  appor- 
tioned, according  to  the  number  of  additional  teachers  so 
employed.     And  provided  further,  that  no  single,  consoli- 
dated, united  or    incorporated  school  district  or  schools,  rhlfSe/ssg, 
shall  under  said  apportionment  receive  more  of  the  money  s  Volume  22 
so  apportioned  than  one  hundred  and  sixty-five   teachers 
employed  as  aforesaid  would  entitle  it  to. 

Section  3.  The  said  Trustee  of  the  School  Fund  shall 
deduct  and  retain  from  the  amount  apportioned  to  any 
district  or  school  the  amount  expended  by  him  for  text£™™ntsto  b* 
books  for  such  district  or  school  during  the  previous  school 
year  and  shall  also  deduct  and  retain  an  amount  equal  to 
that  which  from  the  Auditor's  settlement  with  such  dis- 
trict or  school  made  as  aforesaid  in  that  year  appears  to 
be  in  the  hands  of  said  district  or  school  of  the  money  re- 
ceived from  the  State  and  by  taxation  as  aforesaid  to  en- 
title such  district  or  school  to  its  share  of  said  State 
moneys,  unexpended  at  the  end  of  the  year  next  preceding. 


54 

Duty  of  Trustee  I*1  case  any  district  or  school  having-  filed  the  certificate 
SpoShfanuFrento  of  the  County  School  Commission  and    received  an  addi- 


tional  share  or  shares  of  the  State  moneys  as  hereinbefore 
this  Act  provided  for,  shall  fail  to  employ  such  teacher  or  teachers 
for  which  such  money  was  apportioned  for  at  least  one 
hundred  and  forty  days  during  the  succeeding  school  year 
or  in  any  case  where  a  district  or  school  shall  not  employ  a 
teacher  or  teachers,  for  the  said  period  of  one  hundred  and 
forty  days  for  the  school  year  for  which  such  districts  or 
schools  receive  a  share  of  State  moneys  for  such  teacher 
or  teachers  not  so  employed,  then  and  in  either  event  the 
Trustee  of  the  School  Fund  shall  deduct  and  retain  out  of 
the  apportionment  of  such  district  or  school  for  the  suc- 
ceeding year  a  sum  equal  to  that  which  such  district  or 
school  obtained  for  or  on  account  of  such  teacher  or 
teachers  that  such  district  or  school  so  failed  to  employ. 
Provided,  that  should  any  district  raise  by  taxation  more 
money  than  that  district  is  by  this  Act  required  to  raise 
in  order  to  entitle  it  to  receive  its  apportionment  of  the 
School  Fund,  such  amount  that  is  in  excess  of  the  amount 
required  by  law  to  be  raised  by  taxation  aforesaid,  shall 
not  be  charged  against  or  deducted  from  the  share  of  such 
district  or  school,  but  the  amount  so  in  excess  shall  be  re- 
tained by  the  district  or  school  raising  the  same. 

Section  4.     That  each  district  or  school  shall  within 


P  trusteed?  °r  thirty  days  after  this  Act  becomes  a  law  report  to  the 
Trustee  of  the  School  Fund  the  number  of  teachers  em- 
ployed in  such  district  or  school,  which  reports  sfoall  be  a 
record  in  the  office  of  said  Trustee  of  the  School  Fund  of 
the  number  of  teachers  for  which  such  districts  or  schools 
are  entitled  to  State  moneys,  subject  to  the  additions  here- 
inbefore provided  for. 

Section  5.  That  all  Acts  or  parts  of  Acts  providing  for 
special  apportionments  of  the  School  Fund  to  certain  dis- 
tricts or  schools  or  a  different  apportionment  from  that 
hereinbefore  provided  for  and  all  other  Acts  inconsistent 
with  the  provisions  of  this  Act  be  and  the  same  are  hereby 
repealed. 

Approved  March  16,  A.  D.,  1901. 


55 


CHAPTER  340,  VOLUME  22. 

OF   FREE  SCHOOLS. 

AN  ACT  Authorizing  Certificates  to  Teach  in  the  Free  Schools   Without  Ex 
animation,  in  Certain  Cases. 

Be  it   enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 


Section  1.  That  from  and  after  the  adoption  of 
Act  it  shall  be  lawful  for  any  County  Superintendent  of 

_,  «.»,.-.,.«  .,.,.  .  ,  .  give  certificate 

Free  Schools  in  this  State,  in  his  discretion,  to  give  to  anytot*udHoaiij 
person  holding  a  diploma  or  certificate  of  graduation  f  rom  Sipioma0f  <!mg 

,          ,         ,  ,,  ,.„  Normal  School 

any  respectable  normal  school  or  college,  a   certificate  toorcoiiege 
teach    in  any  of   the  free  schools  of  the  county  in   which 
such  superintendent  holds  office,   without  requiring  such 
person  to  take  any  examination. 

Such  certificate  shall  be  good  for  one  year  from  itsGoodforone 
date,  and  no  longer. 

Section  2.  No  such  certificate  to  teach  without  exami- 
nation  shall  ever  be  given  to  the  same  person  more  than 
once  except  by  and  through  the  authority  of  the  State 
Board  of  Education  of  this  State. 

Section  3.  That  all  Acts  and  parts  of  Acts  inconsistent 
with  the  provisions  of  this  Act  are  hereby  repealed. 

Approved  February  17,  A.  D.,  1903. 


53 


CHAPTER  341,  VOLUME  22. 

OF  FREE  SCHOOLS. 

AN  ACT  to  Encourage  the  Education  at  Normal  Schools  of   Certain  Persons 
Intending'  to  Teach  in  the  Public  Schools. 

Be  it  enacted  by  the  Senate,  and   House  o/   Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

county  school         Section  1.     That   each  of  the  County  School  Commis- 

toTx^nd0118    sions  of  tnis  State  be,  and  it  is  hereby  authorized  and  em- 

SafschooiNor  P°wered  to  expend  yearly  a  sum  not  exceeding  in  any  one 

pupils  year  the  sum  of  one  thousand  dollars,  for  the  purpose  of 

helping  to  defray  the  expenses  of  the  education  at   normal 

schools  of  certain  persons  intending  to  teach  in  the  public 

schools  of  this  State. 


Section  2.     To  carry  out  the  objects  of   this  Act,  each 
Sudesntefrom    °^  sa^  Commissioners  shall   have  the  right  in  each   year 


statepait  °f  to  select  any  Person  or  persons  then  being  residents  of  the 
State,  as  shall  be  approved  by  the  Superintendent  of  Pub- 
lic  Schools  in  the  County  in  which  said  applicant  reside?. 


pupils  selected         Every  such  person  so  selected  shall  enter  into  an   obli- 


nature»  terms  and  condition  of  which   shall,  in 
inmN  >rmcaiurse  eacn  case>  be  fixed  by  said  commission,  provided  that  a  part 
condition  shall   be,  in    substance,  that  such   person 


schooispublic  sna^  attend  such  normal  school  as  said  commission  shall 
designate,  and  for  such  time  as  it  shall  determine,  and  that 
after  such  person  shall,  with  the  consent  of  said  commission, 
cease  to  attend  said  normal  school,  that  he  or  she  shall 
teach  in  the  public  schools  of  said  county  for  such  time  as 
the  commission  shall,  in  each  case,  appoint,  if  said  commis- 
sion shall  arrange  with  the  proper  authorities  to  offer  such 
person  an  engagement  as  teacher  in  said  public  schools. 


Form  and  obligation  shall  be  taken  in  the  name  of  The 

character  of     State  of  Delaware,  and  shall  be   for  such  sum  and  with   or 

obligation 

without  surety,  and  with   or   without  warrant  of   attorney 


57 

for  the  confession  of  judgment,  as  said  commission  shall,  in 
each  case,  determine. 

The  Attorney  General  is  hereby  authorized  and  required,  Attorney  Gen- 
Tipon  a  certificate  of  such  commission   that  there  has  been  pe^au/ifamed 
a  breach  of  any  of  the  conditions  of  any  such  obligation,  to  lf00tbc<Sp\°iedl8 
proceed  to  collect  the  penalty  therein  named,  and  after  col-with 
lection,  to  pay  over  the  amount,  so  collected  to  the  State 
Treasurer  for  the  use  of  the  State. 

Section  3.  After  any  such  person  selected  as  aforesaid  piuJ 
shall  have  given  the  obligation  as  provided  in  Section  2  of  missions 
this  Act,  said  commission  is  hereby  authorized  and  em- 
powered to  pay  such  sum  or  sums  to  aid  in  defraying  the 
expenses  of  the  education  of  such  person  at  a  normal  school 
as  aforesaid,  as  said  commission  shall  deem  proper;  pro- 
vided that  said  commission  shall  not  in  any  one  year  pay,  in 
the  aggregate,  for  any  one  person  for  the  purpose  aforesaid,  /mountnotto 
more  than  a  sum  equal  to  two  dollars  a  week  for  each 
spent  in  actual  attendance  at  a  normal  school  as  aforesaid  by  week 
such  person. 

Section  4.     The  money   necessary   to  carry  into 
the   provisions  of   this   Act  shall   be   paid   to   the   several 
County   School  Commissions  by    the  State  Treasurer, 

J 


.  State  Treasurer 

such  time  or  times  and  in  such  sum  or  sums  in  each  year, 
as  the  said  commission  shall,  under  the  hands  of  its  presi- 
dent and  secretary,  draw  orders  for  on  said  State  Treasurer. 

Approved  March  26,  A.  D.  190?. 


58 


children 
i4ety^rsntoand 


CHAPTER  121,  VOLUME  24. 

OF   FREE  SCHOOLS. 

AN  ACT  to  Compel  the  Attendance  of  Children  at  the  Public  Schools  of  the 

State. 

Be   it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.  That  following  the  approval  of  this  Act 
every  parent,  guardian  or  other  person  in  this  State  having: 
control  of  a  child  or  children  between  the  ages  of  seven 
and  fourteen  years  shall  be  required  to  send  such  child  or 
children  to  a  day  school,  in  which  the  common  English 
branches  are  taught;  and  such  child  or  children  shall  at- 
tend such  school  continuously  for  at  least  five  months  each 
year  during  the  time  in  which  the  public  school  in  their 
respective  districts  shall  be  in  session,  beginning  not  less 
than  one  month  after  the  opening  of  said  school,  unless 
such  child  or  children  shall  be  excused  from  attendance  by 
a  majority  of  the  Commisioners  of  the  School  District  in 
which  the  parent,  guardian  or  other  person  resides,  upon 
the  presentation  to  said  Commissioners  of  satisfactory 
evidence  showing  such  child  or  children  are  prevented 
from  attendance  upon  school  or  application  to  study  by 
mental,  physical  or  other  urgent  reasons,  and  such  excuse 
must  be  countersigned  by  the  County  Superintendent  of 
the  County  in  which  such  District  is  located;  but  the 
urgent  reasons  shall  be  strictly  construed  and  shall  not  per- 
mit of  irregular  attendance. 

a  .    .  ,.  .  .  Provided,  that  each  school  district  shall  have  power 

School  district 

may  reduce     each 

compulsory 

er°to  l"hree  Peno" 


Exceptions 


months 


year  at  its  regular  annual  meeting  to  reduce  the 
compulsory  attendance  to  not  less  than  three 
months,  in  which  case  the  school  meeting  must  at  that 
date  fix  a  time  for  compulsory  attendance  to  begin,  but 
such  date  shall  not  be  later  than  January  2nd,  of  each  school 


59 

year.     Provided  that   incase   there  be  no  public  school   i 

session  within  two  miles  by  the  nearest  traveled  road  of  any  JJom^ch  ™jllesf 

person   within  the   school  district,  he   or  she   shall   notbehouse 

liable  to  the  provisions  of  this  Act.  unless  a  free  convey- 

ance is  provided. 

Provided,  that  this  Act   shall  not   apply   to   any  child 


that  has  been  or  is  being   otherwise  instructed  in   English  private  school 

,.,  .  AC.  exempts 

in  the  common  branches  of  learning  for  alike   period  of  Attendance  at 

.  i          11  i  •  /*     i  public  school 

time  in  any  private  school,  or  by  any  legally  qualified  gov- 
erness or  private  teacher  in  a  family,  or  by  any  other  means 
which  shall  be  approved  by  the  County  Superintendent  of 
the  proper  county. 

Provided  further,  that  any  principal  or  teacher  of  any 
private  school  or  educational  institution  shall  report  non-  multareport°o1 
attendance  as  provided  in  Section  5  of  this  Act.  And  pro- 
vided also  that  the  certificate  of  any  principal  or  teacher  of 
a  private  school  or  of  any  institution  for  the  education  of 
children  in  which  the  common  English  branches  are 
taught,  setting  forth  that  the  work  of  said  school  is  in 
compliance  with  the  provisions  of  this  Act,  shall  be  suffi- 
cient and  satisfactory  evidence  thereof,  and  the  principal 
or  teacher  of  said  school  or  institution  shall  have  the  power 
to  excuse  any  child  or  children  for  non-attendance  during 
temporary  periods  in  accordance  with  the  provisions  of  this 
Act. 

Section  2.     That  for  every  neglect  of  duty  imposed  by  J^J1JtIonof 
the   first  section  of   this  Act,  the  principal   or  teacher  or  misdemeanor 
person  in   parental  relation,  offending,  shall  be   guilty  of  a 
misdemeanor,  and  shall,  upon  conviction  thereof   before   a 
justice  of  the  peace,  magistrate  or  alderman,  forfeit  a  finepenalty 
not  exceeding  two   dollars  on   first   conviction,  and   a  fine 
not  exceeding  five  dollars  for   each  subsequent   conviction, 
and  in  default  of   payment  of  said  fine,  the  defendant  may 
be  committed  to  the  county  prison  for  a  period  not  exceed- 
ing two  days  for  the  first  conviction,  and  for  a  period   not 
exceeding  five  days  for  each  subsequent   conviction.     Pro-  otpG 
vided,  upon  conviction,  the  defendant  or   defendants   may  sessi 
appeal  to  the  Court  of  General  Sessions  of  the  proper  county 
within  fifteen  days,  upon  entering  into  recognizance   with 


60 


Duty  of 
Superintend 
ent  before 
prosecution 


What  notice 
sufficient 


Fines,  to  whom 
payable 


Attendance 
officers 


Duties  of 


one  surety  for  the  amount  of  fines  and  costs.  Provided, 
however,  that  before  such  action  shall  be  brought  for  any 
of  the  aforesaid  penalties,  the  parent,  guardian  or  other 
person  liable  therefor,  shall  be  notified  in  writing  by  the 
County  Superintendent  of  Schools,  or  such  person  as  he  shall 
designate,  of  such  liability,  and  shall  have  opportunity,  by 
compliance  with  the  requirements  of  this  Act  within  three 
school  days  then  and  thereafter  to  avoid  the  imposition  of 
such  penalty.  The  mailing  of  such  notice  to  the  usual  ad- 
dress of  offending  party  shall  be  deemed  sufficient  under 
this  Act.  But  after  such  notice  has  been  given,  if  the 
same  child  is  absent  from  school  three  days  or  their  equiv- 
alent in  time  during  the  remaining  period  of  compulsory 
attendance,  without  excuse  as  provided  by  Section  1  of  this 
Act,  the  parent,  guardian  or  person  in  parental  relation, 
shall  be  liable  to  prosecution  under  this  Act  without  further 
notice. 

The  fines  provided  for  by  this  Act,  shall,  when  collect- 
ed, be  paid  over  by  the  officers  collecting  the  same,  to  the 
treaurer  or  clerk  of  the  school  committee  or  board  of  the 
respective  districts  for  the  use  of  the  school  district  in 
which  such  person  convicted  resides,  to  be  applied  and  ac- 
counted for  by  such  treasurer  or  clerk  in  the  SEme  way  as 
other  moneys  raised  for  school  purposes;  such  fines  shall 
be  collected  by  a  process  of  law  similiar  to  the  collection  of 
other  fines. 

Section  3.  Boards  of  education  and  school  committees 
may,  in  all  districts,  employ  one  or  more  persons  to  be 
known  as  "attendance  officers"  whose  duty  shall  be,  in  ad- 
dition to  the  duties  provided  elsewhere  in  this  Act,  to  look 
after,  apprehend  and  arrest  without  warrant,  truants  and 
others  who  fail  to  attend  school  in  accordance  with  the 
provisions  of  this  Act.  When  an  attendance  officer  arrests 
or  apprehends  any  truant  or  other  person,  as  herein  set 
forth,  he  shall  have  power  immediately  to  place  him  or 
her  in  the  school  in  which  he  or  she  is  or  should  be  enroll- 
ed, or  at  the  expense  of  the  parent,  guardian  or  person  in 
parental  relation,  in  such  private  school  as  provided  by 
Section  1  of  this  Act,  as  the  parent,  guardian  or  person  in 


61 

parental  relation  may  select.  And  in  case  the  parent, 
guardian  or  person  in  parental  relation  shall  refuse  or  ne- 
glect immediately  to  select  such  school,  the  school  commis- 
sioners or  secretary  for  school  commissioners  shall  have 
full  power  to  designate  the  school  in  which  the  child  shall 
be  placed. 

The  persons  serving  as   such  attendance   officers,  shall  Compensation 
be  entitled  to  such  compensation  as  shall  be  fixed  by   the  of 
boards  appointing  them,  and  such   compensation  may   be 
paid  out  of  the   school  funds.     But  the  sums  paid  for   such 
services   must    be   approved   by   the   Superintendent    of 
Schools  of  the  County.  In  case  no  truant  officer  be  appoint- 
ed, the  secretary  or  clerk  of  the  local  school  commissioners 
shall  serve  as  such  officer. 

Commissioners   of  any  school  district  or  districts  or  of  District  mar 
two  or  more  districts  jointly,  may  establish  special  schools  H^u'ruanT* 
for  children  who  are  habitual  truants  or   who  are   insubor-fec 
dinate  or  disorderly  during   their  attendance  upon  instruc- 
tion in  the  public  schools,  and  may  provide  for   the  proper 
care,  maintenance  and  instruction  of  such  children  in  such 
schools  for  such  period  of  time  as  the  Board  may  prescribe. 
But  before  the  pupil  shall  be  placed  in  such  special  school, 
the   parent,  guardian  or  person  in   parental  relation   shall 
have  opportunity  to  be  heard. 

All   truancy  and   incorrigibility  shall   be   deemed   dis-Incorrigible 
orderly   conduct,  and  in   case  no  special   school,  as   herein^1affnt|dm{tybe 
prescribed  has  been  established,  the  County  Superintendent  schooiReform 
of  Schools,  or  secretary  or  attendance  officer,  as  the  County 
Sup3rintendent  shall   designate,  shall  proceed  against  such 
truant  or  incorrigible  pupil  as  a  disorderly  person  before  a 
justice  of  the  peace,  magistrate  or  alderman,  and  upon  con- 
viction the  pupil  may  be  sentenced  fora  definite  time  to  the 
Ferris  Industrial  School  or  Delaware  Industrial  School   f or          sucb 
Girls.     The  State   Treaurer  shall  pay  to  the  authorities  of 
the  said  school,  the  sum  of  forty  cents  per  day,  from  money 
not  otherwise  appropriated,  for  each  day  such  pupil  is  con- 
fined in  said  institution. 


62 


14  years 


Section  4.  That  it  shall  be  the  duty  of  the  assessors 
when  making  each  assessment  of  property  for  taxation  for 
school  purposes,  when  not  notified  and  directed  to  the  con- 
trary by  the  school  commissioners,  to  make  in  a  substantial 
book,  provided  by  the  County  Superintendent  of  Schools  at 
the  expense  of  the  State  for  that  purpose,  a  careful  and 
correct  list  of  all  children  between  the  ages  of  seven  and 
fourteen  years  within  his  district,  giving  the  full  name,  date 
of  birth,  age,  sex,  race,  estimated  distance  from  school 
house  by  nearest  traveled  road,  name  and  address  of  parent, 
guardian  or  person  in  parental  relation ;  which  enumera- 
tion, after  approval  by  the  secretary  of  the  said  school  dis- 
trict, shall  be  sent  by  the  assessor  to  the  County  Superin- 
tendent of  Schools  of  the  County  in  which  the  enumeration 
is  made  on  or  before  the  first  day  of  September.  And  the 
receipt  of  the  County  Superintendent  of  Schools  shall  en- 
title the  aforementioned  assessor,  to  a  fee  of  one  dollar  for 
each  one  hundred  names  or  fraction  thereof,  of  children  on 
such  list;  said  sum  to  be  paid  from  the  school  funds  of 
the  district  in  which  such  enumeration  shall  have  been  made. 

It  shall  be  the  duty  of  the  said  County  Superintendent 
of  Schools  to  forward  to  the  principal  teacher  of  the  proper 
school  district  prior  to  September  15th  in  each  year,  a  list 
of  all  children  in  his  or  her  district  who  are  subject  to  the 
provisions  of  this  Act. 

Provided  further,  that  the  attendance  officer,  if  there 
may°add^rers  be  any,  or  the  County  Superintendent  of  Schools  or  the  Sec- 
retary or  clerk  of  the  school  commissioners,  or  principal 
teacher,  shall  have  authority  to  make  any  additions  or  cor- 
rections to  the  assessor's  list  aforesaid  for  the  purpose  of 
carrying  into  effect  the  provisions  of  this  Act. 

Section  5.  That  it  shall  be  the  duty  of  each  teacher 
of  the  school  district  at  the  close  of  each  school  month,  to 
report  to  the  attendance  officer,  and  to  the  County  Superin- 
tendent of  Schools,  the  names  of  all  children  in  the  district 
who  have  been  absent  without  lawful  excuse;  when,  if  it 
shall  appear  that  any  parent,  guardian  or  other  person  hav- 
ing control  of  any  child  or  children  shall  have  failed  to 
comply  with  the  provisions  of  this  Act,  after  notification  in 


Fees  of 

Assessors 


County  Super- 
intendent to 
send  list  of 
children  to 
teacher  of 
district 


correct  list 


Report  of 
teacher  to 
Attendance 
Officer  and 
County 
Superintend- 
ent 


63 

writing  as  provided  in  Section  2,  the  County  Superinten- 
dent, or  such  attendance  officer  as  he  shall  direct,  shall 
proceed  in  the  name  of  the  State  under  authority  of  the 
commissioners  of  the  local  district  affected,  against  the 
offending  party  or  parties  in  accordance  with  the  provi- 
sions of  this  Act. 

Provided  further,  that  if  sufficient  cause  be  shown   for  costs,  how 
a   failure   to   comply   with  the  provisions   of   this  Act,  or  P& 
if  the  costs  of  prosecution  cannot  be  collected  from  the  de- 
fendant in  case  of  his  or  her  conviction,  said  costs  shall  be 
paid   out  of   the  school  funds,  upon  a   proper  voucher   ap- 
proved by  the  commissioners  of  said  district. 

Section  6.     That  the  assessor  of  school  taxes,  principal,  Violation  of 
teacher,  secretary  or-  attendance  officer  if  there  be   one,  of  actamisde- 
any  Board  of  Commissioners,  who  willfully   neglects  or  re-m 
fuses  to  comply   with  the  provisions  of  this  Act  shall  upon 
complaint  lodged   by  the  County  Superintendent  of  Schools 
be  guilty  of   a  misdemeanor   and  upon   conviction   thereof 
before   an  alderman,  magistrate   or  justice  of  the   peace, 
shall  forfeit  or  pay  a  fine  not  exceeding  twenty-five  dollars,  Penalty 
subject  to  the  right  of  appeal  to  the  Court  of   General  Ses- 
sions of  the  proper  county  within  fifteen  days  upon  enter- 
ing  into  recognizance  with   one  surety  for  the  amount  of 
fines  and  costs. 

Section  7.     That  the  State  Treasurer  of  Delaware  shall  state  Treasur- 
withold  one-fourth  the  State  dividend  from  any  school  dis-[q  schooif  as 
trict  or  districts  which  neglects  or   refuses  to   enforce  the  divideud 
provisions   of   this  Act   in  a   manner   satisfactory   to   the 
County  Superintendent  of   Schools  of  the  county  in  which 
such  school  shall  be  located. 

Section  8.     That  the  necessary  expenses   incurred   by  Expenses  of 

rii  a*    •    i  •  i         _p         •  ji  •    •  enforcement 

State  officials  in  carrying  out  and  enforcing  the  provisions  of  act,  how 
of  this  Act  shall,  upon  approval  by  the  State  Board  of   Ed-  pal 
ucation,  be  paid  by  the  State  Treasurer. 

Section  9.     That   in  enforcing   the  provisions   of   this  superintend 


Act  within  the  limits  of  the  school  districts  of  the  City  ofg 
Wilmington,  the  powers  and  duties  herein  conferred  upon  ff  coupn°tyesru- 
the  county  superintendents  of  schools,  board  of  school  C0m-  perintendent 


64 

missioners   by   whatever  title   known,  and   assessors,  are 
m    hereby  conferred  upon  the  "The  Board  of  Public  Education 
in  Wilmington/'  and  that  it  shall  be  the  duty  of  the  Board 


wiiiSngtGnf  °^  P°lice  Commissioners  of  the  City  of  Wilmington  to  co- 
operate with  "The  Board  of  Public  Education  in  Wilming- 
ton" in  enforcing  the  provisions  of  this  Act,  to  look  after, 
apprehend  and  arrest  without  warrant,  truants  and  others 
who  fail  to  attend  school  in  accordance  with  the  provisions 
of  this  Act. 

Approved  March  15,  A.  D.  1907. 

Amended  and  approved  March  18,  A.  D.  1909. 


65 


CHAPTER  122,  VOLUME  24. 

OF  FREE  SCHOOLS. 

AN  ACT  prescribing  the  Method  by  which  the  School  Districts  of  this  State 
may  Borrow  Money  for  the  Purpose  of  Building  and  Furnishing  or  Improv- 
ing and  Enlarging  School  Houses. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.     That  in  order  that  the  Board  of  Education  school  District 
or   School  Committee  of   any  school   district  in  this  State, 


single,  united,  consolidated  or  incorporated,  may  borrow  bl 
money  for  the  building  and  furnishing  of  new  school  houses, 
or  the  repairing,  remodelling,  or  enlarging  and  furnishing 
of  school  houses  already  erected,  they  and  each  of  them 
are  severally  authorized,  directed  and  empowered  to  borrow 
money  on  the  faith  of  the  respective  districts,  and  to  pro- 
vide for  the  payment  of  the  same  as  hereinafter  set  forth. 

Section  2.     At  any  time  when  ten  or  more  taxables   of  Procedure  to 
any  of  the  aforesaid  school  districts  in  this  State  shall  pre-  Sionptocial 
sent  a  written  petition  to  the  Board  of  Education  or  School  w^fhi^or  not 
Committee  of  the  district  in  which  the  said  petitioners  re-toborrow 
side,  setting  forth  the  necessity  of  a  new  school  house  for 
said  district,  or  of  the  repairing,  remodelling,  or  enlarging 
and  furnishing  of  the  school  house   already  erected  in  said 
district,  and  naming  in  said  petition  the  amount  of  money 
necessary  therefor,  and   praying  that  a  special  election   be 
called  that  the  voters  of  said  school  district  may  vote  upon 
the  propositon,  shall  be  the  duty  of   said  Board  or  commit- 
tee  forthwith  to    issue  a   call  for   a  special  election  to   be 
held   at  which  the   question  of  borrowing  money  for   the 
purposes  aforesaid  shall   be  voted  upon. 

Notices  of  the  election  aforesaid  shall  be  posted  in  at  Notice  of 

,  ,  .         ,  .       .  ,  ,  .    ,     .    ,       n,  election  afore- 

least  ten  public  places  in  the   district  affected  for  at  -  least  saia 
ten  days  prior  to  the  date  fixed   for  such  election.     In  case 


66 


Qualification 
of  electors 


Form  of 
ballots 


the  proposal  to  borrow  money  shall  not  be  approved  by  the 
majority  of  the  votes  cast  at  such  special  election,  the 
Comissioners  of  said  district  shall,  on  the  further  applica- 
tion of  ten  or  more  freehold  taxables  as  aforesaid,  call 
another  election  with  the  same  notices  as  aforesaid;  pro- 
vided twelvemonths  shall  have  elapsed  since  any  preceding 
election  for  the  purpose  was  held. 

Section  3.  At  every  election  held  under  the  provisions 
Of  ^njs  Act  each  person  who  would  have  had  a  right  to 
vote  at  the  regular  school  election  of  the  district,  next 
preceding  such  special  election,  and  also  every  female 
resident  seized  of  an  estate  of  freehold  situated  in  said  dis- 
trict, shall  have  a  right  to  cast  one  vote  for  every  dollar 
and  fractional  part  of  a  dollar  of  school  tax  assessed  for 
the  year  in  which  such  election  is  held,  against  him  or  her 
respectively.  At  every  election  held  under  the  provisions 
of  this  Act,  the  voting  upon  the  question  aforesaid,  shall 
be  by  ballot  upon  which  shall  be  written  or  printed  either 
the  words  "For  Better  School  Houses''  or  the  words 
"Against  Better  School  Houses." 

when  bonds  Section  4.     In  case  a  majority  of  the  ballots  cast  at 

mustbe  isued  any  such  election  held  under  the  provisions  of  this   Act, 
shall  be  "For  Better  School  Houses/'  the  Board  of  Educa- 
tion or  School  Committee  of  said  district  shall,  as  soon  as 
practicable  thereafter  issue   and  sell  the  bond  or  bonds  of 
the  district  for  such  amount  or  amounts  and   in  such  de- 
nomination or  denominations  as  they  shall  deem  proper, 
provided  that  the  aggregate  of  said  bonds  shall  not  exceed 
the  sum  named  in  the  petition  for  the  special  election  as 
aforesaid;  such  bond  or  bonds  shall  be  known  as  "Bonds 
of  School  District  No  .........  in  ....................  County, 

Delaware"  inserting  the  number  of  the  school  district  or 
the  incorporated  name  of  said  district  as  the  case  may  be, 
and  of  the  county  in  which  such  district  is  situated.  Their 
form,  their  date,  the  time  of  their  interest  payments  and 
of  their  maturity,  the  place  of  their  payment  and  their 
rate  of  interest  not  exceeding  six  per  centum  per  annum, 
sna^  ^e  as  prescribed  by  the  said  Board  of  Education  or 
School  Committee.  They  shall  be  signed  by  the  president 


Bonds  form 
conditions  &c 


67 

of  said  Board   or  by  the  senior  member  of  the  School  Com- 
mittee, and  shall  be    attested  by   the    secretary  or  clerk 
thereof.     If  the  school  district  have  a  corporate  seal,  said 
seal  shall  be  affixed  to  said  bond,  but  if  the  district  have 
no  seal,  then  the  usual  seal  being  the  word  "seal"  with  a 
scroll  around  it  appearing  upon  said  bond,  shall  be  deemed 
and  taken  to  be  the  corporate  seal  of  the  district.     If  the 
Board  of   Education  or  School    Committee  shall  deem   ity?3Sffff*- 
proper  a  mortgage  may  also  be  given  for  the  sum  to  be  KdS°f l*sulng 
borrowed  as  aforesaid,  and  said  mortgage  may  cover  any 
of  the  real  property  belonging  to   said  district.     The  fore- 
going provisions  as  to  bonds  to  be  issued  under  this  Act  rel- 
ative to  their  form,  date,  time  and   place  of  interest   pay- 
ments, and  of   maturity,  rate  of  interest,  and   the  mode  or  uZfaTu?1' 
manner  of  their  execution,  shall  apply  with  respect  to  any£°nIj£giMof 
mortgage  which  may  be  given  under  the  provisions  of  this 
section.     The    faith  and    credit  of    the   district  shall   be 
deemed  to  be  pledged  by  the  execution  and  delivery  of  any 
bonds  or  mortgages  under  the  provisions  of  this  Act.     The 
Board  of   Education  or  School  Committee  of  the  district  is 
authorized   and  directed    in  each   year   after   any  sum   of  8gH 
money   has  been  borrowed  as   aforesaid,  and  until  the   foil  filing 
payment  of  the  sum  or   sums  so   borrowed  with   interest, 
to  provide  for  the  payment  of  interest  on  the  indebtedness 
and   for  the   establishment  of   a  sinking  fund   to  pay   the 
principal  thereof,  by  fixing  and  levying  a  tax  sufficient  for 
this  purpose. 

The  tax  levied  and  collected  for  the  interest  and  sinking 
fund   as  foresaid,  shall   be  levied   and  collected   as   other  ™lced8S 
school  taxes  in  the  district,  and  shall  be  in  addition  to   the 
amount  which  the  school  district  is  authorized  to   raise  by 
taxation  for  other  purposes. 

Section  5.     This  Act  shall  be  deemed  and  taken  to  be  a 
public  Act. 

Approved  April  4  A.  D.,  1907. 


CHAPTER  123,  VOLUME  24. 

OF  FREE  SCHOOLS. 

AN  ACT  Authorizing  the  County  School  Commissions  to  Alter,  Divide,  Con- 
solidate or  Unite  School  Districts  for  Colored  People. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

obtrcts  ma?01        Section  1.     That  the  County  School  Commissions  of  the 
'  &c>  respective  counties  of  this  State  be  and  the  same  are  here- 


mihssk)ne?f"  ^v  authorized  and  empowered  to  alter,  divide,  consolidate 
or  unite  the  School  Districts  for  colored  people  whenever 
said  School  Commissions  shall  deem  such  action  for  the 
best  interests  of  the  colored  pupils  in  said  districts. 

Aproved  March  29,  A.  D.  1907. 


CHAPTER  124,  VOLUME  24. 

OF  FREE   SCHOOLS. 
AN  ACT  Pertaining  to  the  State  of  Delaware. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

constitution  to        Section     1.     That  the  Constitution  of  this  State  shall 
schools          be  taught  and  explained  to  the  scholars  in  each  and   every 
one  of  the  public  schools  of  this  State. 

It  shall  be  the  duty  of  the  several  School  Commissioners 
or  Boards  having  control  of  said  schools  to  see  that  the  pro- 
visions of  this  Act  are~complied  with. 

Approved  April  9,  A.  D.  1907. 


69 


CHAPTER  129,  VOLUME  24. 

OF   FREE  SCHOOLS 
AN  ACT  Fixing  the  time  for  Holding  School  Meeting's  in  Kent  County. 

Be   it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.     A  stated  meeting   of   the  school    voters  of  Stated  meeting 

in  Kent  Co.  to 


each  district  in  Kent  County  exclusive  of  those  held  in  in- 
corporated  districts,  whose  respective  charters  fix  the  timeinjune 
for  holding  their  school  meetings,  shall  be  held  on  the  first 
Saturday  in  June  of  each  year  at  two  o'clock   in  the  after- 
noon. 

Section  2.     That  all  Acts  or  parts  of   Acts  inconsistent 
with  this  Act  are  hereby  repealed. 

Approved  February  25,  A.  D.  1907- 


70 


CHAPTER  90,  VOLUME  25. 

OF  FREE  SCHOOLS. 

AN  ACT  for  the  Improvement  of  School  Houses  for  Colored  Children  in 
Sussex  County  and  Making  an  Appropriation  Therefor. 

Whereas,  Many  of  the  buildings  now  used  by  the 
colored  children  for  school  houses  are  unfit  and  inadequate 
for  the  purpose;  and 

Whereas,  The  financial  condition  of  the  colored  people 
is  such  that  they  cannot  afford  to  build  school  houses 
through  taxation,  solely,  as  provided  in  the  general  school 
laws  of  the  State;  therefore, 

Be  it   enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.  That  the  sum  of  one  thousand  dollars  is 
fcnhdooi  houis  hereby  appropriated  from  the  State  Treasury  for  the  pur- 
chriiedrenein  pose  of  enlarging  and  rebuilding  school  houses  for  the 
Ixplndit0urety  colored  children  of  Sussex  County;  the  expenditure  of  said 
Sfcoumyntro1  amount  to  be  under  the  control  and  direction  of  the 
commission  County  School  Commission  for  said  County. 

Section  2.     The  County  School  Commission  of   Sussex 
o       County  shall  decide  after  conference  with  the  school  corn- 
bunding        mittees  of  the  respective  districts  upon  the  location  of  the 
building,  and,  before  the  commencement  of  the  work,  shall 


deter- 

wh"ch8sbannt>  determine  the  amount  that  is  to  be   appropriated  to  the 

not  exceed      particular  district;  provided,  however,  that    the  amount 

necessary        appropriated  to  any  particular  district  shall  not  exceed  one- 

half  the  amount  estimated  to  be  necessary  to  complete  the 

contemplated  school  improvement  in   that  district. 

HOW  appro-  Section  3.     That  the  amount  herein  appropriated  shall 

?orlbe]paid       be  paid  by  the  State  Treasurer  on  orders  drawn  by  the 

President  of  the  County  School  Commission,  attested  by 

the  Secretary  of  the  Commission. 
Appproved  March  26,  A.  D.  1909. 


71 


CHAPTER  362,  VOLUME  22. 

AN  ACT  Providing  for  the  Establishment  and  Maintenance  of  Free  Public 

Libraries. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delacvate  in  General  Assembly  met,  {three-fourths  of  the. 
members  elected  to  each  House  concurring  therein}: 

Section  1.     That  as  soon  as  may  be  after  the  adoption 
of  this  Act,  there  shall  be  created  and  established  a  board 
to  be  known  as  "The  State  Library  Commission  for  the 
State  of  Delaware. "     Said  Commission  shall  be  composed  HOW  composed 
of  nine  persons  to  be  appointed  by  the  Governor,  who  shall 
respectively  hold  office  for  the  term  of  five  years  or  until 
their  successors  are  duly  chosen;  provided,    that  in   the 
first  Commission    created    under  this  Act,   the   Governor 
shall  appoint  three  members  for  the  term  of   one  year, T< 
three  members  for  the  term  of    three  years,   and  three 
members  for  the  term  of  five  years.      All  vacancies  on  said  vacancies 
Commission  whether  occuring  by  expiration  of   term,  or 
otherwise,   shall  be  filled  by  the   Governor.     No     person 
shall  be  ineligible  by  reason   of  sex  to  serve  on  the  Com- 
mission. 

Section  2.     The  said  Commission  shall  organize  by  the  organization 
selection  from  its  members  of   a  chairman  and  such  other of  Commission 
officers  as  are  or  may  be  deemed  advisable;  provided,  that 
the  State  Librarian  shall,  by  virtue  of  his  office,  be  the state  Librarian 
Secretary  of  said  Commission,  but  shall  have  no  vote  or 8ecretary  of 
voice  in  the  acts  and  proceedings  of  said  Commission.     No No sa,ary  for 
member  shall  receive  any  salary  or  compensation  for  his  member 
services  as  such  Commissioner. 

The  Commission  is  hereby  authorized  and  empowered  . 

Additional 

to  expend  such  sum  or  sums  as  it  shall  deem  proper  and  powers 
necessary  for  effectuating  the  objects  of  this  Act,  provided 
said  sums  shall  not  in  the  aggregate  in  any  one  year  ex- 
ceed the  sum  of  one  thousand  dollar  exclusive  of  the  ex- 


72 

penses  actually  incurred  by  the  members  in  attendance  on 
the   Commission,  and    of   sums   expended    for   necessary 
SptayTreasurerPrinting,   postage    and    stationery.     Such  sums,   together 
SS>em«snt      with  the  actual  expenses  of  the  members  incurred  in  at- 
tending the  Commission  and  all  bills  for  necessary  print- 
ing, postage    and  stationery,  shall  be  paid  by    the    State 
Treasurer  to  the  said  Commission,  upon  the  order  or  orders 
of  its  Chairman  or  President,  attested  by  its  Secretary. 

Duties  of  Section  3.  The  said  Commission  shall  have  general 

supervision  over  all  libraries  in  this  State  established  or 
maintained  under  the  provisions  of  this  Act;  and  shall 
have  the  supervision  and  control  of -all  circulating  libraries 
now,  or  hereafter  to  be,  established  under  the  provisions 
of  Chapter  220,  of  Volume  21,  of  the  Laws  of  Delaware; 
shall  have  power  to  require  of  any  and  all  District  Library 
Commissions  created  as  hereinafter  provided  such  re- 
ports as  are  or  may  be  deemed  proper;  shall  make  certifi- 
cate to  the  State  Treasurer  when  any  library  is  entitled 
to  State  aid,  as  is  hereinafter  provided;  and  shall  have  all 
further  and  other  powers  necessary  and  proper  for  the 
general  supervision  of  the  libraries  aforesaid.  The  said 
State  Library  Commission  shall  have  power  to  make  all 
rules  and  by-laws  for  its  own  government.  The  said  Com- 
mission shall,  in  the  month  of  January  in  each  year  in 
which  there  is  a  regular  biennial  session  of  the  General 

?eportblt  ^  Assembly  of  this  State,  make  report  to  said  General  Assem- 
bly of  its  doings  and  of  any  recommendations  deemed  ad- 
visable. 

ma°re(?eiveict         Section  4.     Any  single,  united,  consolidated  or  incor- 
bequests,*c.  .  porated  School  District  in  this  State  may  receive  in  its  cor- 
porate capacity  and  hold  any  devise,  bequest  or   donation 
for  the  foundation  and  establishment  or  for  the  maintenance, 
support  and  increase   of  a  free  public  library  within  same. 

school  District        Section  5.     Any  single,  united,  consolidated  or  incor- 

to  iiiRiii ' 8.in 

«•  Free  Public   porated  School  District  in  this  State  is  hereby  authorized 
approved  by    and   empowered  to   establish  and   maintain  a  free   Public 

voters  thereof         .... 

Library,  with  or  without  reading  room,  provided  that  at 
any  election  held  as  hereinafter  provided,  a  majority  of  the 


73 

qualified  electors  of  said  School  District  then  present  and 
voting,  shall  vote  in  favor  of  such  establishment. 

Section  6.     For  the  purposes  of  this  Act,  all  the  School  classification 
Districts  in  this    State,  single,   united,   consolidated   and0 
incorporated,  are  classified  according  to  the  sums  which 
the  several  Boards  of  Education  or  School  Committees  are 
authorized  by  law  to  levy  and  raise  by  taxation  annually 
for  current  school  expenses,  as  follows,  namely: 

Every  District  in  which  the  sum  authorized  as  afore- 
said is  six  thousand  dollars  or  more,  shall  be  deemed  and 
taken  to  be  a  District  of  the  First  Class;  every  District  in 
which  the  sum  authorized  as  aforesaid  is  not  less  than  four 
thousand  nor  as  much  as  six  thousand  dollars,  shall  be 
deemed  and  taken  to  be  a  District  of  the  Second  Class; 
every  District  in  which  the  sum.  authorized  as  aforesaid  is 
not  less  than  two  thousand,  nor  as  much  as  four  thousand 
dollars,  shall  be  deemed  and  taken  to  be  a  District  of  the 
Third  Class;  every  District  in  which  the  sum  authorized  as 
aforesaid  is  not  less  than  one  thousand,  nor  as  much  as  two 
thousand  dollars,  shall  be  deemed  and  taken  to  be  a  Dis- 
trict of  the  Fourth  Class;  every  District  in  which  the  sum 
authorized  as  aforesaid  is  not  less  than  five  hundred,  ror 
as  much  as  one  thousand  dollars,  shall  be  deemed  and 
taken  to  be  a  District  of  the  Fifth  Class;  every  District  in 
which  the  sum  authorized  as  aforesaid  is  not  less  than  two 
hundred,  nor  as  much  as  five  hundred  dollars,  shall  be 
deemed  and  taken  to  be  a  District  of  the  Sixth  Class;  and 
every  district  in  which  the  sum  authorized  as  aforesaid  is 
less  than  two  hundred  dollars  shall  be  deemed  and  taken  to 
be  a  District  of  the  Seventh  Class. 

Provided,  however,  that  the  provisions  of  paragraphs 
one  and  two  of  this  Section  shall  not  govern  or  determine 
of  which  class  United  School  Districts  Nos.  67,  96,  106  and  school  Districts 

Nos.  67  9o  lOo 

107  in  Sussex  County  is;  and  said  United  School  Districts 
Nos.  67,  96,  106  and  107  in  Sussex  County  be  and  the  same 
is  hereby  expressly  declared  to  be  a  District  of  the  First 
Class;  and  all  the  provisions  of  this  Act  relating  to  a  Dis- 
trict of  the  First  Class  are  hereby  expressly  declared  to  be 


74 


Question  of 
establishment 
of  Free  Public 
Libraries  to  be 
submitted  to 
qualified 
electors  of 
each  district 


Petition 


Number  of 
petitioners 


Defining 
conditl  >ns  for 
submission  to 
voters  of  school 
Disrric  s  Nos. 
67, 96, 106  and 
107. 


Vote  to  be  by 
ballot 

Form  of  ques- 
tion to  be 
voted  on 


Qualification 
of  voters 

Election 


applicable  to  United   School   Districts  Nos.  67,  96,  106  and 
107  in  Sussex  County. 

Section  7.  Every  Board  of  Education  or  School  Com- 
mittee in  this  State  shall  submit  the  question  as  to  the 
establishment  of  a  free  public  library  in  said  District  to 
the  qualified  electors  thereof,  at  a  special  election  to  be 
held  on  the  day  next  following  the  ensuing1  regular  school 
election  in  such  District,  not  being  Sunday  or  a  legal  holi- 
day; provided  said  Board  or  Committee  be  petitioned  so 
to  do  thirty  days  at  least  before  the  next  succeeding  regular 
school  election  in  such  District,  by  a  number  of  the  quali- 
fied electors  thereof.  The  number  of  qualified  electors  who 
must  petition  as  aforesaid,  shall  be  as  follows,  namely: 
in  districts  of  the  First  or  Second  Class,  twenty  qualified 
electors;  in  Districts  of  the  Third,  Fourth  or  Fifth  Class, 
ten  qualified  electors;  and  in  Districts  of  the  Sixth  or 
Seventh  Class,  five  qualified  electors. 

Provided,  however,  that  in  United  School  Districts 
Nos.  67,  96,  106  and  107  in  Sussex  County  the  method  of 
petitioning  for  and  the  time  of  holding  such  election  shall 
be  as  follows:  "The  Board  of  Commissioners  of  the  Public 
Schools  of  Georgetown,  Sussex  County"  of  said  District 
shall,  when  petitioned  so  to  do  by  at  least  twenty  qualified 
electors  in  said  District,  submit  the  question  as  to  the  es- 
tablishment of  a  free  public  library  in  said  District  to 
the  qualified  electors  thereof,  at  a  special  election  to  te 
held  on  the  fifth  Monday  next  succeeding  the  date  of  the 
presentation  of  said  petition  to  the  sai;d  "The  Board  of  Com- 
missioners of  the  Public  Schools  of  Georgetown,  Sussex 
County/' 

Section  8.  The  vote  on  the  question  as  to  the  estab- 
lishment of  a  free  public  library,  when  submitted  as  afore- 
said, shall  be  by  ballot,  upon  which  shall  be  printed  or 
written  either  the  words  "for  a  free  library, "  or  the  words 
"against  a  free  library. "  A  majority  of  the  ballots  cast 
legally  at  said  election  shall  determine  the  question.  All 
persons  entitled  to  vote  at  the  regular  school  election  next 
before  such  special  election  shall  be  entitled  to  vote  on  such 
question. 


75 

In  all   respects   the  place  of  voting,  and   the  conduct  of How  held 
the  election,  counting  of  ballots,  and  the  like  shall   be   as 
now  are,  or   hereafter  may   be,    provided   by  law   for  the 
regular  school  election  in  the  School  District  wherein  such 
question  is  submitted.     Provided,  that  the  Board  of  Educa- 
tion or  School   Committee,  upon  being  petitioned  to  submit 
the  question  of  the  establishment  of  a  free  library  as  here- 
inbefore provided,  shall  give  notice  of  such  submission  by 
printed  advertisements  posted  in  at  least  five  public  places Notice of 
in  said  District  at  least  ten  days  before  the  election.     The 
said  advertisements  shall  state  the  question  to  be   submit- 
ted as   hereinbefore   provided,  and   the   time  and  place  of 
voting  upon  such  question.     In  case  any  Board  of  Education 
or  School  Committee  shall  neglect   or   refuse  to  give   such  £®g]c®ct  of 
notice,  any  qualified   elector  may   do  so,  and   the  notice  so  Howmade 
given  shall  be  as  effectual  as  though  given  by  said  Board  oreffectual 
Committee. 

Section  9.  If  a  majority  of  the  ballots  cast  as  af ore-  f ?*§S™* 
said  shall  be  against  the  establishment  of  a  free  library, 
the  question  as  to  such  establishment  may  again  be  sub- 
mitted at  special  elections  to  be  held  on  the  day  next  fol- 
lowing any  regular  school  election  thereafter  ensuing  (not 
being  Sunday  or  a  legal  holiday)  as  often  as  petitions 
therefor  shall  be  presented  to  the  said  Board  of  Education 
or  School  Committee  as  hereinbefore  provided. 

Section  10.     If  at  any  election  the   qualified  electors  Powerp  of 
shall  in  the  manner  aforesaid,  declare  in  favor  of  the  estab- 
lishment  of  a  free  public  library  in  any   District,  then  the 
Board  of  Education  or  School  Committee  thereof  shall,  and 
it  is  hereby  authorized,  empowered   and   required  to  levy 
and  raise  by  taxation   for  the  purpose  of  the 
of  such  library  therein,  and   also  for  the  maintenance,  in 
crease  and  support  of  said   Library  for  the  year  then  next 
ensuing,  a   sum   determinable   by  the  class  in  which  such 
District  belongs,  that  is  to  say:    If  such  District  be  of  the ci w*ifica«on 
First  Class,  the  sum  required  to  be  levied  and  raised  as 
aforesaid   shall  be   not  less  than  five  hundred  nor  more 
than  one  thousand   dollars;   if  such   District  be  of  the 
Second  Class,  the  sum  so  required  as  aforesaid  shall  be  not 


76 

less  than  one  hundred  and  fifty,  nor  more  than  four  hun- 
dred dollars;  if  such  District  be  of  the  Third  Class  the 
sum  so  required  as  aforesaid  shall  be  not  less  than  one  hun- 
dred, nor  more  than  three  hundred  dollars;  if  such  District 
be  of  the  Fourth  Class,  the  sum  so  required  as  aforesaid 
shall  be  not  less  than  seventy-five  dollars,  nor  more  than 
two  hundred  dollars;  if  such  District  be  of  the  Fifth 
Class,  the  sum  so  required  as  aforesaid  shall  be  not  less 
than  fifty,  nor  more  than  one  hundred  and  fifty  dollars; 
if  such  District  be  of  the  Sixth  Class,  the  sum  so  required 
as  aforesaid  shall  be  not  less  than  forty  nor  more  than  one 
hundred  dollars;  and  if  such  District  be  of  the  Seventh 
Class,  the  sum  so  required  as  aforesaid  shall  be  not  less 
than  twenty-five,  nor  more  than  seventy-five  dollars. 


annually  thereafter,  such  Board  of  Education  or 
School  Committee  shall  levy  and  raise  by  taxation  for  the 
maintenance  and  increase  of  the  library  so  established  as 
aforesaid,  a  sum  as  hereinbefore  prescribed  and  limited  in 
this  section  for  the  establishment  of  such  library. 

7naSme°meaCnted  All  sums  authorized  to  be  levied  and  raised  by  taxation 
SS*!"611001  under  this  Act,  shall  be  levied,  raised  and  collected  as 
school  taxes  for  current  school  expenses  are,  and  shall,  if 
the  said  Board  or  Committee  deem  it  necessary,  be  in 
excess  of  and  in  addition  to  the  sum  or  amount  author- 
ized to  be  raised  in  said  District  by  taxation  for  current 
school  expenses. 

Any  District  in  which  a  library  has  been  established  as 

Each  district  to 

aforesaid,    may   fix  any   sum  (not  less   than  the  minimum 


money  to  be     SUm  required  to  be  raised  in   said  District  as  hereinbefore 

raised,  but  not  .  . 

less  than  mini  prescribed  in  this  section)  to  be  levied  and  raised  in  the 
District  for  the  maintenance  and  increase  of  the  library 
therein  during  the  ensuing  year;  the  vote  to  fix  any  sum 
shall  be  by  ballot,  and  a  majority  of  the  ballots  cast  at 
such  election  shall  determine  the  question. 

Section  11.     Every  School  District  in  this  State  which 

To  elect  School  ...  . 

District  ubra-  shall   establish   a  free   public   library  pursuant  to  the  pro- 

D*  visions  of  this  Act,  shall   annually   thereafter,  at  an   elec- 

tion held  on  the  day  next  following  the  regular  school  elec- 


77 

tion  (not  being  Sunday   or  a  legal   holiday)  elect  members 
of  a  school  District  Library  Commission. 

The  said  District  Library  Commission  shall  be  compos- Number of 
ed  of  the  following  number  of  members,  namely:  if  it  be  amembers- 
commission  in  a  District  of  the  First  or  Second  Class,  nine  classification 
members;  in  a  District  of  the  Third  or  Fourth  Class,  five  J^gJ'of**** 
members;  in  a  district  of  the  Fifth,  Sixth  or  Seventh  members- 
Class,  three  members.  The  members  shall  hold  office  for 
the  term  of  three  years,  or  until  their  succesors  are  duly 
elected  and  qualified;  provided  that  at  the  first  election  of 
said  commission  next  succeeding  the  establishment  of  a 
free  public  library  as  aforesaid  the  members  of  said  com- 
mission shall  be  elected  for  the  following  terms,  namely: 
for  a  District  of  the  First  or  Second  Class,  three  members 
shall  be  elected  for  one  year,  three  for  two  years,  and  three 
for  three  years,  or  until  their  successors  are  duly  chosen 
and  qualified:  for  a  District  of  the  Third  or  Fourth  Class, 
two  of  the  members  shall  be  elected  for  one  year,  two  for 
two  years,  and  one  for  three  years,  or  until  their  succes- 
sors are  duly  chosen  and  qualified;  for  a  District  of  the 
Fifth,  Sixth  or  Seventh  class,  one  of  the  members  shall  be 
elected  for  one  year,  one  for  two  years,  and  one  for  three 
years,  or  until  their  successors  are  duly  chosen  and  quali- 
fied; provided  further,  that  the  Board  of  Education  or 
School  Committee  in  any  School  District  wherein  the  ques- 
tion as  to  the  establishment  of  a  free  public  library  has 
been  submitted  and  carried  in  favor  of  such  establishment 
as  hereinbefore  provided,  shall,  as  soon  as  may  be  after 
the  decision  upon  such  question  has  been  ascertained,  elect 
all  of  the  members  of  such  district  library  commission  to 
compose  the  first  district  library  commission  to  act  until  their 
successors  have  been  elected  by  the  qualified  electors  of  the 
district  at  the  time  hereinbefore  provided  for  such  election. 

The  members  of  any   district   library  commission  may 
or  may  not  be  members  of  the  Board  of  Education  or  School  school  com- 
Committee  of  the  District  and  no  person  shall  be  ineligible  members  of  b 
to  serve  on  said   commission   by   reason  of  sex.     Theelec-°f 
tion  of  the   members  of  said   commission   at  any   district 
election  shall  be  by  ballot  by  the  qualified  electors  of  said 


78 


First  meeting, 


Organization. 


Treasurer. 


Bond  of. 


Vacancy 


How  filled. 


Library  land, 


in  hands  of 


Report. 


district,  and,  in  all  other  respects  except  as  to  the  day  of 
election  shall  be  conducted  as  is  the  election  of  members 
of  the  Board  of  Education  or  School  Committee  in  the 
District. 

Section  12.  The  first  meeting  of  the  District  Library 
Commision  shall  be  on  the  evening  of  Tuesday  next  suc- 
ceeding the  election  of  its  members.  The  Commission 
shall  organize  by  electing  from  its  members  a  chairman  and 
secretary,  and  such  other  officers  as  it  may  deem  proper. 
The  treasurer  of  the  School  District  shall  be  the  treasurer 
of  said  Commission,  and  shall  be  subject  to  all  orders  of 
said  Commission  relative  to  moneys  in  his  hands  of  which 
the  said  Commission,  has  custody,  as  provided  in  this  Act. 
The  official  bond  of  said  Treasurer  shall  be  held  and  deemed 
to  cover  and  include  all  such  moneys,  and  the  due  and 
proper  accounting  therefor.  A  vacancy  in  said  Commis- 
sion caused  by  refusal  to  act,  death,  resignation,  or  other- 
wise, shall  be  filled  by  said  Commission  until  the  regular 
school  election  next  succeeding.  A  failure  to  attend  three 
meetings  of  said  Commission  in  succession  shall,  at  the 
option  of  said  Commission,  be  deemed  a  vacancy. 

Section  13.  The  District  Library  Commission  so  elect- 
ed as  aforesaid  shall  have  the  entire  custody  and  manage- 
-ment  of  the  library  and  all  property  owned  or  leased,  or 
donated,  relating  thereto,  and  all  money  raised  by  the  dis- 
trict or  donated  for  its  establishment  and  maintenance,  or 
paid  by  the  State  Treasurer,  as  hereinafter  provided,  shall 
be  placed  in  the  care  and  custody  of  said  Commission  to  be 
expended  or  retained  by  said  Commission  for  and  in  behalf 
of  the  district  for  the  foundation  and  establishment  and 
for  the  maintenance  and  increase  of  its  free  public  library. 

The  Commission  shall  make  an  explicit  report  to  the 
district  at  each  annual  school  meeting  of  all  its  receipts 
and  expenditures,  and  of  all  the  property  of  the  district  in 
its  care  and  custody,  including  a  statement  of  any  unex- 
pended balance  of  money,  and  of  any  bequests  or  donations 
in  behalf  of  the  district,  and  of  any  sum  or  sums  received 
from  the  State  as  hereinafter  provided,  with  such  recom- 


79 

mendations  with  reference  to  same  as  is  deemed  necessary 
for  the  district  to  consider. 

The  said  Commisson  shall  also  make  report  and  recom- 
mendation concerning  the  amount  of  money  deemed  neces- 
sary and  proper  by  said  Commission  to  be  raised  by  tax- 
ation for  any  one  year  for  said  Library,  to  the  Board  of 
Education  or  School  Committee  after  the  selection  of  said 
Commission  as  aforesaid  and  prior  to  the  fixing  of  the  rate 
of  taxation  for  said  purpose  by  said  Board  of  Education, 
or  School  Committee.  The  said  District  Library  Commis- 
sion shall  also  make  such  reports,  at  such  times  and  embrac- 
ing such  matters,  to  the  State  Library  Commission  created 
by  this  Act  as  the  said  State  Library  Commission  shall 
order  and  direct. 

The  said  District  Library  Commission  shall  also  have  Additional 
the  power  to  procure  by  purchase,  lease  or  acceptance  of  a  Pc 
gift  or  donation,  a  room  or  rooms  for  said  library,  and  to 
fit  and  furnish  for  the  heat  and  light  in  the  same,  and  the 
care  thereof;  and  may,  with  the  consent  of  the  Board  of 
Education  or  the  School  Committee  use  any  school  room  or 
rooms  for  this  purpose;  to  purchase  or  accept  donations  or 
gifts  of  books,  magazines,  newspapers  and  reviews;  to  em- 
ploy a  librarian  or  librarians  and  a  custodian  and  caretaker, 
and  shall  have  such  further  and  additional  powers  in  the 
premises  as  are  or  may  be  deemed  necessary  for  the  foun- 
dation and  establishment,  and  the  support  and  maintenance 
of  a  library,  or  a  library  and  reading  room. 

The  said  Commission  shall  also  have  the  power  to  make 
such  rules  and  regulations  for  the  conduct  of  the  persons 
employed  by  it,  and  for  the  care  and  use  of  the  books, 
newspapers,  magazines  and  reviews  in  said  library  by  the 
persons  having  authority  to  use  said  library,  and  also  con- 
cerning the  conduct  and  deportment  of  all  persons  while  in 
or  about  said  library  or  library  and  reading  room,  as  said 
Commission  shall  or  may  from  time  to  time  deem  proper 
and  advisable;  provided,  the  use  of  said  library  or  library 
and  reading  room  or  the  contents  thereof  shall  be  free  to 
said  district,  or  to  any  person  outside  the  district  who  owns 
real  estate  assessable  for  the  school  of  the  district.  The 


80 

infraction  of  ru|es  and  regulations  so  made  by  said  Commission  shall  be 
enforcible  by  a  penalty  which  the  Commission  is  hereby 
authorized  the  same  for  a  library,  or  library  and  reading 
room,  to  provide  to  impose. 

penalty.  g^  penaity  shaii  consist  either  of  a  suspension  from 

the  privileges  of  said  library  or  library  and  reading  room 

FInes>  and  the  contents  thereof,  or  by  a  money  fine.  All  money 

fines  imposed  as  aforesaid  may  be  collected  by  proceedings 

HOW  collected,  instituted  in  the  corporate  name  of  the  district  before  any 
Justice  of  the  Peace  of  the  County,  and  jurisdiction  to 
hear  and  finally  determine  all  such  proceedings  is  hereby 
conferred  upon  any  and  all  justices  of  the  peace.  The  pro- 
cess, mode  of  proceeding  and  rendering  of  judgment  shall 
be  as  now  is,  or  hereafter  may  be,  provided  by  law  for  the 
collection  of  fines  before  Justices  of  the  Peace. 

Sacs!*11  All  fines  so   collected   shall  be   paid  to  the  district  and 

by  it  paid  over  to  the  District  Library  Commission  to  be 
used  as  other  money  of  which  it  has  the  custody  and  care 
as  hereinbefore  provided. 

Additional  Section  14.     In  addition  to  its  other  powers,  the  Dis- 

?esTdeerntsS^th-trict  Library  Commission  may,  if  it  deem  proper,  permit 
ct"  persons  living  without  the  corporate  limits  of  said  dis- 
tricts, to  enjoy  and  use  said  library  or  library  and  read- 
ing room  exactly  as  though  residents  of  said  district,  upon 
the  payment  to  said  Commission  for  the  use  of  the  library 
such  fee  or  fees  as  said  Commission  shall  deem  proper. 

oawfodram°onre  Section  15.  That  any  two  or  more  School  Districts 
KJ5^fofthSmay  unite  for  the  Purpose  of  obtaining  the  benefit  of  this 
act-  Act.  Whenever  any  School  Committee  of  any  such  dis- 

tricts shall  be  petitioned  therefor  by  at  least  five  qualified 
electors  thereof,  said  Committee  shall  arrange  with  the 
School  Committee  of  any  other  of  said  districts  for  the 
HOW  ejected,  holding  of  a  special  election  to  determine  the  question. 
At  such  election,  any  qualified  elector  in  any  one  of  said 
Districts  shall  be  entitled  to  vote  at  said  special  election. 
If  a  majority  of  the  votes  then  cast  shall  be  in  favor  of 
uniting  and  establishing  a  free  library  for  said  Districts, 
the  same  shall  be  deemed  and  taken  to  be  effected.  The 


81 

districts  so  united  shall  be  taken  to  be  one  district  for  the 
purposes  of  this  Act,  and  shall  be  considered  as  belonging 
to  the  class  which  any  one  of  said  Districts  would  have  be- 
longed to  if  there  had  been  no  union. 

Section  16.  Whenever  the  State  Library  Commission 
shall  certify  to  the  State  Treasurer  of  the  State  of  Dela- 
ware that  any  single,  united,  consolidated  or  incorporated 
School  District  in  this  State  has  established  a  free  public 
library  therein,  and  has  raised  by  taxation,  gift,  or  other- 
wise a  sum  not  less  than  the  sum  prescribed  by  Section 
10  of  this  Act  for  the  class  to  which  such  District  belongs, 
for  the  support  and  maintenance  of  said  library  for  the 
year  then  next  ensuing,  that  then  said  State  Treasurer 
shall  pay  to  the  District  Library  Commission  of  any  such 
School  District,  a  sum  equal  to  one-half  of  the  lowest  sum 
prescribed  in  Section  10  of  this  Act  for  the  class  in  which 
such  district  belongs;  and  annually  thereafter,  the  saidAmountof 
State  Treasurer  shall  pay  to  said  District  Library  Goihmis- 
sion  a  like  sum,  upon  the  certificate  of  the  State  Library 
Commission  that  said  District  has  raised  by  taxation,  gift, 
or  otherwise  a  sum  as  hereinbefore  provided  for  the  main- 
tenance and  support  of  a  free  public  library  therein  for  the 
year  next  ensuing. 

Section  17.     That   the   free   public   library  heretofore 
established  in  the  Town  of  Dover  be,  and  the  same  is  here- 


by  transferred  to  and  made  the   free  public  library   of  the  fem-d  u> 
United  School  District  known  as  "Dover  Public  Schools;"  District  of  °c 
and  all  the  rights,  powers,  privileges  and  duties  prescribed  schools." 
by  this   Act   for  free   libraries  to  be  established  under  its 
provision,  shall  immediately  vest   in  the   library  so  trans- 
ferred, and  in  the  said   United   School  District,  and  in  the 
Board  of  Education   thereof,  and   in  the  local  library  com- 
mission  having   control   thereof  precisely  as  if  said  free 
library  had  been  established  in  said  united  school  districts 
in  the  first   instance.     The   members   of  the   local   library 
commission  having  control  of  said  free  library  at  the  time  SSSSSeS  to 
of  the  passage  of  this  Act  shall   compose  the   District   Li-  Section. 
brary   Commission  after  such  transfer  during  the  respect- 
ive terms  for  which  they  were  severally  elected. 


82 


Corbit  Librarr 
made  a  School 


class.i 


District 
Library  Com- 
mission may 
borrow  mouev 


For  what 
purpose 


Shall  adopt 
resolution 
and  submit 
it  to  qualified 
voters  of 
District 


Shall  vote  by 
ballot  and 
majority  of 
votes  shall 
determine 


annual  meet- 
ing of  voters 


Form  of 


Shall  certify 
result  to 
Board  of 
Education 


That  the  free  library  known  as  the  "Corbit  Library" 
provided  for  under  Chapter  CCCCXVI  of  Volume  11  of  the 
Laws  of  Delaware  be  and  the  same  is  hereby  made  a  School 
District  Library  for  the  purpose  of  receiving  all  benefits 
provided  in  Section  17  of  this  Act,  and  for  the  purpose  of 
ascertaining  what  appropriation  said  Library  shall  re- 
ceive under  said  Section  from  the  State  Treasurer,  said 
Corbit  Library  shall  be  deemed  and  taken  to  be  a  library 
established  under  the  provisions  of  this  Act  in  a  School 
District  of  the  Third  Class;  but  in  all  other  respects  said 
Corbit  Library  shall  remain  and  continue  as  though  this 
Act  had  not  been  passed. 

Section  18.  That  whenever  the  District  Library  Com- 
mission of  any  free  public  library  now  or  hereafter  estab- 
lished under  the  provisions  of  this  Act  shall  deem  it  proper 
or  expedient  that  a  sum  or  sums  of  money  should  be  bor- 
rowed for  the  purpose  of  the  purchase  of  a  library  build- 
ing or  of  a  site  for  such  building  and  for  the  erection  of  a 
building  thereon,  or  for  the  improvement  or  repair  of  any 
library  building  owned  by  such  district  or  for  the  purchase 
of  books  for  the  use  of  any  free  public  library  as  aforesaid, 
or  for  any  or  all  of  said  purposes,  that  then  the  said  District 
Library  Commission  shall  adopt  a  resolution  to  that  effect, 
and  shall  submit  the  approval  or  rejection  of  said  resolu- 
tion to  the  qualified  voters  of  said  District  at  any  regular 
annual  meeting  of  said  voters.  The  approval  or  rejection 
of  such  resolution  by  the  voters  of  such  district  shall  be 
by  ballot  and  a  majority  of  the  ballots  cast  for  or  against 
said  ressolution  shall  determine  the  question;  provided, 
however,  that  if  the  resolution  aforesaid  shall  be  rejected 
by  the  voters  at  any  meeting  as  aforesaid,  the  question 
may  be  again  presented  to  said  voters  at  any  subsequent 
regular  annual  meeting  of  the  voters  of  said  District.  The 
ballots  shall  be  written  or  printed  "For  the  Resolution  to 
Borrow  Money"  or  "Against  the  Resolution  to  Borrow 
Money."  If  the  resolution  aforesaid  shall  be  approved  by 
the  voters  of  the  district  as  aforesaid,  then  the  District 
Library  Commission  shall  certify  the  results  of  said  elec- 
tion to  the  Board  of  Education  or  School  Committee  of  said 
district  and  thereupon  the  said  Board  or  Committee  shall 


83 

be  deemed  to  have  the  power  and  authority  and  are  here- 

by required  to  issue  and  sell  a  bond    or  bonds    for  the 

amount  named  in  said    resolution.     Such   bond  or 

shall  be   in  such  form  and  denomination,  and  shall 

such  date  and  be  at  such  rate   of  interest,  not  exceeding  etu- 

six  per  centum  per  annum,  and  shall  mature  at  such  time  Amount  bor_ 

or  times  as  said  Board  of   Education  or  School  Committee 

shall  determine;  provided,  always   however,  that   the   ag- 

gregate  of  any  sums  borrowed  under  the  provisions  of  thisce-taincla8S 

Section  shall  not  exceed  the  sum  of  Ten  Thousand  Dollars 

in  a  district  of  the  first  class,  nor  the  sum  of  Five   Thous- 

and  Dollars   in   districts   of  the   second,  third   or  fourth  Bond 

class,  nor  the  sum  of  Twenty-five  Hundred  Dollars   in   dis-  Hovv  sisned 

tricts  of  any  other  class.  Any  bond  issued  as  aforesaid  shall 

be  signed   by   the  president  of   the  Board  of  Education  or 

the  Senior  Member  of  the   School   Committee  of  the  school 

district  affected,  and  in  case  said  district  shall  have  a  cor- 

porate seal,  shall  be  sealed  with  the  same,  but   if  such  dis- 

trict shall  have  no  corporate   seal,  then  the  word  seal  with 

a  scroll  around   the  same  shall   be  deemed  and  taken  to  be 

the  seal   of   the   district.     Every   such   bond  shall   also  beFaithpnd 

attested  by   the   Secretary   of   said  Board  or  the  Clerk   of  ^001 

said  School  Committee.     The  faith  and  credit  of  the  school  Pled&ed 

district  shall  be   deemed   to  be  pledged  by  any  bond  issued 

under   the   provisions   of   this   Section.     The   meeting  at 

which  the  approval  or  rejection  of  the  resolution  to  borrow 

money  as  aforesaid  shall  be  any  meeting  at  which  members 

of  the  District  Library    Commission   of  said   district  are 

elected.     Whenever   any   bond  or   bonds   shall   have   been  f 

issued  under  the  provisions  of  this   section,  the   Board 


Education   or   the  School   Committee  of  the   district   shall  Kind.ot 
annually  raise  by  levy  and  taxation  a  sum  sufficient  for  the™ 
payment  of  the  interest  on  the   amount  or  amounts  so  bor-  Tax  for  pay- 

,  -iiiiTi  •  •        f  j.  raent  of  inter 

rOWed,  and  shall  likewise   raise  from  time  to  time  by  levvestand 

,  ,  i      n  i  establish 

and  taxation  such  sum  or  sums  as  shall  be  necessary  to  Diking  fund 
establish  a  sinking  fund  for  the  payment  of  the  debt 
secured  by  said  bond  or  bonds  at  or  before  the  maturity 
thereof.  The  sums  authorized  to  be  raised  for  interest 
and  for  a  sinking  fund  as  aforesaid  shall  be  raised  in  the 
same  manner  as  school  taxes  in  said  district  are  raised,  andH°wra 


84 

shall   be   in   excess   of   any  sum   or  sums  authorized  to  be 
raised  by  said  district  by  any  other  statute. 

Approved  March  9,  A.  D.  1901. 
Amended  and  Approved  March  31,  A.  D.  1903. 
Amended  and  Aproved  March  21,  A.  D.  1905. 
Amended  and  Approved  April  15,  A.  D.  1909. 


85 


APPENDIX. 


TRANSFERRING    PROPERTY    FROM    ONE    SCHOOL  DISTRICT  section  9. 
TO  ANOTHER,    OR  ALTERING  THE  BOUNDARIES  OF  EX- 
ISTING DISTRICTS  OR  CREATING  NEW  DISTRICTS. 

NOTICE  OF  INTENTION  TO  PRESENT  PETITION. 

FORM    OF 

Notice  is  hereby  given  that  (I  or  we,  as  the  case  may  be)    will 

present  a  petition  to  the  County  School  Commissioner  of County 

at  its  meeting  at   Dover,  on    the  day    of  .....  A.     D. 

for  (stating  object  of  petition.)        (Signed  by  petitioners.) 

FORM   OF  PETITION. 

To  the  County  School  Commissioners  of • County: 

The  petition  of  (in  case  of  petition  to  transfer,  the  name  of  the 
owner  or  owners,  in  case  of  petition  for  new  districts  or  to  alter 
the  boundaries  of  old  districts,  the  names  of  twelve  or  more  free- 
holders of  the  districts  affected)  respectfully  represents: 

That  (state  the  object  sought  and  the  reason  therefor). 
And  your  petitioner  (or  petioners)  will  ever  pray,  etc 

(Date)  (Signed  here  by  owner  or  owners  in  crse 

of  transfer,  or  by  twelve  freeholders  in 
case  of  new  districts  or  change  of  boun- 
daries.) 

UNITING  OF  TWO  OR    MORE  DISTRICTS  FOR    ESTABLISHING  section  10. 
AND  SUPPORTING  A  SCHOOL  FOR  THEIR  COMMON  BEN- 
EFIT.     NOTICE     MUST    BE   GIVEN    AS    REQUIRED    FOR 
SCHOOL  MEETING. 

FORM  OF  NOTICE  TO  BE  GIVEN  IN  EACH  DISTRICT. 

Notice  is  hereby   given  that  a  meeting  of    the  school  voters    in 

School  District  No in     County   will  be  held  on ..  the 

day  of next    (or  instant  as   the  case  may  be)     at 

o'clock  M.,     at  in    said    District,     for    the   purpose  of 

(state  here  the  object). 

(Date)  (Clerk  to  sign  here.) 


86 

After  the  terms  of  the  union  are  settled  and  adopted, 
a  meeting  of  the  united  district  is  held  for  the  election  of 
a  school  committee,  &c  ,  upon  notice  in  the  same  form  as 
the  notice  for  stated  meetings  on  page  3,  except  that  the 
words  "United  School  District  Nos.  -  -  in  -  -  county" 
are  inserted  instead  of  "School  District  No.  ---  ". 

In  case  there  is  a  proposal  to  have  several  school 
houses  in  a  united  district,  that  fact  must  be  stated  in  the 
notices  for  the  meeting. 

YEARLY  OR   STATED  MEETINGS. 
Under  Section  14. 

The  clerk  of  the  school  district,  or  if  there  be  no  clerk, 
the  commissioners,  or  one  of  them,  or  if  there  be  none,  the 
Clerk  of  the  Peace  (on  application  of  five  or  more  school 
voters  of  the  district)  are  required  to  give  notice  of  this 
meeting  by  advertisements  under  hand,  of  the  day,  hour 
and  place,  posted  in  five  or  more  of  the  most  public  places 
of  the  district  at  least  five  days  before  the  day  of  meeting. 

FORM   OF   ADVERTISEMENT    FOR   YEARLY   MEET- 
ING. --School   Voters. 

Notice    is  hereby    given    that    a  stated    meeting    of    the    school 
voters  in  School  District  No  .......   (or  United  School  Districts  Nos. 

.......  )  in  ......  County,  will    be    held    on  Saturday,  the  ......  day 

of  ......  next    (or   instant,  as    the    case   may    be,)  at    two   o'clocK, 

afternoon,  at  ......  in  said  district.      Dated  the  ......  day  of  _______ 

19  ....... 

A....  B....,  Clerk. 

When  there  is  1:0  clerk,  the  commissioners,  or  one  of  t.ietn* 
signs,  thus  : 


The  acts  of  the  meeting  are  not  void  although  no  no- 
tice be  given;  but  the  clerk  or  commissioner  neglecting  to 
give  notice  forfeits  ten  dollars. 

OCCASIONAL  MEETINGS. 
Occcasional  meetings  of  the  schcol   voters  in  a  district 


87 

may  be  called  by  the  clerk  and  commissioners,  or  any  two 
of  them. 

The  call  is  by  advertisements,  under  hand,  of  the  busi- 
ness, and  day,  hour,  and  place,  posted  in  five  or  more  of  the 
most  public  places  of  the  district  at  least  five  days  before 
the  day  of  meeting.  The  business  must  be  specified  in  the 
advertisements,  and  business  not  specified  cannot  be  trans- 
acted. It  must  be  at  the  place  where  the  stated  meetings 
are  held.  The  meeting  must  be  kept  open  one  hour. 

A  vacancy  in  the  school  committee  may  be  filled  at  an 
occasional  meeting;  in  that  case,  in  place  of  the  words 
"to  consider  and  determine,"  &c.,  in  the  annexed  form, 
use  the  words:  "To  elect  a  clerk  (or  a  commissioner,  as  the 
case  may  be,)  in  lieu  of  -  •". 

FORM     OF     ADVERTISEMENT      FOR     OCCASIONAL 
MEETING.— School  Voters. 

An  occasional   meeting  of    the  school    voters  in  School    District 

No in County,  is  hereby  called  by  the  subscribers,  to  be 

heM  on ihe  day  of next  (or    instant,  as    the  case 

may  be,)  at o'clock  in  the  noon,  at in  said  district 

to  consider  and  determine  (here  describe  the  business.) 

Dated  the day  of 19 

E....  P...   ,  i 

G H ,  •<  School  Committee. 

I....  J....,  / 
(T  i  o  are  sufficient) 

MEETINGS  CALLED  BY  THE  CLERK  OF  THE  PEACE. 

FORM  OF  APPLICATION  TO  THE  CLERK  OF  THE  PEACE 
TO  ADVERTISE  A  MEETING. 

To  the  Cle.rk  of  the  Peace  for —       — County: 

The    subscribers,  school  voters  of  School  District  No.   ,  in 

said  county,  request  you  to  give  notice  according  to  law  of  the  stated 

meeting  of    the  school  voters  of  said  district  on    the Saturday 

in  19  ;   there    being  no   clerk   or   commissioner   of   said 

scioM  district  to  give  the  notice.     Witness  our  hands  the  day 

of 19  

This  application  must  be  signed  by  at  least  five  school 
voters  of  the  district. 


The  clerk  may  observe  the  foregoing  form  of  adver- 
tisement of  yearly  meeting,  concluding  with  the  words: 

Given  under  my  hand  upon  the  application  of  five  school  voters 
of  said  district,  (thern  being  no  clerk  or  commissioner  to  give  this 
notice)  the day  of ,  19 

,  Clerk  of  the  Peace  of County. 

This  advertisement  must  be  posted,  as  required  for 
other  stated  meetings,  in  five  or  more  public  places  in  the 
district. 

ORDER  OF  BUSINESS  AT   ANNUAL   MEETING. 

1.  Appoint  a  chairman  and  secretary. 

2.  Let  the  school  committee  of  the  past  year  present 
their  account,  also  their  report,  and  at  the  meeting  appoint 
persons  to  settle  the  account;  and  as  soon  as  the  settlement 
is  made,  let  it   be  reported  to  the  meeting   and  entered  on 
the  minutes. 

3.  Elect  by  ballot  a  clerk  or  commissioner  (as  the  case 
may  be)  in  place  of  the  one   whose   term   expires  on   this 
day;  or  fill  any  other  vacancy  that  may  exist  of  clerk  or 
commissioners.     A  majority  of  the  ballots  given  is  neces- 
sary to  elect.     No  person  but  a  school  voter  of  the  district 
can  be  elected. 

4.  Resolve,  whether  any  sum  above  that   required  to 
be  raised  by  law  shall  be  raised  for  the  ensuing  year,  if 
so,  to  determine  by  a  majority  ballot  whether  it  shall  be 
raised  by  tax  or  subscription. 

This  last  vote  must  be  taken  at  the  annual  meeting  or 
the  substitute  therefor;  it  can  be  taken  at  no  other  time. 

The  vote  respecting  a  tax  must  be  by  ballot;  it  may 
be  taken  by  writing  "Fora  Tax/' on  some  slips  of  paper, 
and  "Against  a  Tax,"  on  other  slips; and  each  for  a  tax 
voting  a  slip  "For  a  Tax;"  each  against  a  tax,  a  slip 
"Against  a  Tax." 

It  is  important  to  attend  to  each  of  these  items  sepa- 
rately, and  have  the  proper  entry  distinctly  made  in  respect 
to  it.  The  proceedings  of  a  meeting  have  been  a  mere 


89 

nullity  in  consequence  of  blending  votes  on  several  items. 
In  respect  to  raising  money,  it  is  best  to  vote  first  what 
sum  shall  be  raised,  and  enter  the  vote:  and  then  vote  con- 
cerning a  tax,  and  enter  this  vote. 

If  two  or  more  persons  receive  an  equal  number  of  votes 
for  clerk  or  commissioner  (as  the  case  may  be),  there  is  no 
choice,  and  the  meeting  should  vote  again,  and  so  on  until 
one  person  receives  the  majority  of  all  the  votes. 

CERTIFICATES. 

Three  certificates  of  the  proceedings  of  every  meeting 
must  be  signed  by  the  chairman  and  secretary,  and  de- 
livered, one  to  the  clerk  of  the  district,  one  to  the  Auditor 
of  Accounts,  and  the  other  to  the  Clerk  of  the  Peace  of  the 
county.  These  certificates  ought  to  be  made  and  signed  at 
once,  and  delivered  without  delay. 

A  chairman  or  secretary  not  doing  his  duty  in  this  par- 
ticular, within  one  month,  is  liable  to  a  fine  not  exceeding 
$50;  and  the  proceedings  of  the  meeting  shall  be  void. 

FORM  OF  CERTIFICATE    OF  YEARLY   MEETING. 
At  the  stated  meeting  of   the    school  voters  in    School    District 

No (or  United  School  District  Nos )  in County, 

held  according  to  law  on  Saturday,  the    day  of 19 

at  the  district  school  house in  said  district. 

A....  B ,  was  appointed  Chairman,  and 

C D ,  Secretary. 

The  account  of  the  school  committee  of  the  past  year,  namely, 

:  nd was  laid  before  t<  e  meeting, 

and  on  motion,  E F and  G H  were  appointed  to 

examine  and  settle  the  same.  By  a  report,  also,  of  said  -chool 
committee,  it  appeared  that  there  had  bren  kept  in  the  district  by 

a   teacher  (or     ...  teachers)  a   school  for  .the   period    of ,  the 

teacher's    wages,    the    rate  of ,  and     the    highest    number   of 

scholars  males,  and  females. 

Upon  a   vote  by    ballot,  K L .  was  elected    clerk,   (or 

commissioner,  as  the  case  may  be),  of  the  said  district,  he  having  a 
majority  of  votes.* 

(Here  may  be  inserted  the  adoption  of  any  resolution  or  statement 
of  other  business  transacted  which  is  not  specified  in  this  form) 

*The  above  should  be  substantially  observed;  but  varied  from  so  as  to  conform  to   acts. 


90 

Resolved,  that  the  sum  of be  raised  in  this  district  above 

the  sum  required  to  be  raised  by   law. 

The  meeting  voted  by  ballot  respecting  a  tax  for  raising  the 
above  sum. 

And  there  was  a  majority  of  votes  for  a  tax,  (or  against  the 
tax,  as  the  case  may  be.)* 

E F and  G H ,  appointed  as  above  to  ex- 
amine and  settle  the  account  of  the  school  committee  of  the  past 
year,  reoort,  that  they  have  examined  and  settled  the  same,  and 
that  upon  said  account  there  is  a  balance  due  to,  (or  from,  as  the 
case  may  be,)  the  district  of 

Said  report  was  adopted. 

A B ,  Chairman. 

Attest:  C D ,  Secretary. 

FORM  OF  CERTIFICATE  OF  OCCASIONAL  MEETING. 

At  -*n  occasional  meeting  of  the  school  voters  in  School  Dis- 
trict No in County,  duly  called  by  (insert  the  name  of 

the  school  committee  calling  the  meeting,)  the  school  committee  (or 
two  of  the  school  committee,  as  the  case  may  be.)  of  said  district, 

and  held  on  the day  of    19 ,  at  (here  insert 

the  place  where  the  stated  meetings    are  held,)  in  said  dist  ict. 

A B ,  was  appointed  Chairman,  and 

C D ,  Secretary. 

The  chairman  and  secretary  inquired  respecting  the  advertise- 
ments of  this  meeting,  and  found  that  advertisements  of  the  busi- 
ness, and  the  day,  hour  and  place  of  this  meeting  were  posted  on 

the day    of instant,   (or   last,  as    the    case  may    be,)  at 

(here  mention  by  a  proper  description  every  place  in  which  an  ad- 
vertisement was  posted),  being  five  of  the  most,  public  places  of  said 
district,  and  the  business  mentioned  in  said  advertisements  was 
(here  set  forth  the  business  as  contained  in  the  advertisements.) 

Upon    a   vote    by    ballot  G H ,  was   chosen  clerk    in 

place  of  K L ,  removed,  (or  refusing  to  serve,  or  de- 
ceased, as  the  case  may  be.) 

Reso'ved-  [setting  doum  any  prove*  dings  of  fh*  meeting,  observing 
that  no  business  can  be  transacted  not  mentioned  in  thr  advertisements. } 

A B ,  Chairman. 

Attest:  C D ,  Secretary. 

*The  above  should  be  substantially  observed;  but  varied  from  so  as  to  conform  to  'acts. 


91 


SELECTION  OF  SITE  FOR  SCHOOL  HOUSE. 

FORM   OF   PETITION. 

To  the  Levy  Court  of County: 

The    petition    of and School  Commis-  Section  17. 

sioners  of   School    District  No in  County,  respectively 

represent: 

That  we  are  not  able  to  procure  by  agreement  with  the  owner 
a  lot  of  land  in  said  district  suitable  and  proper  for  the  erection  of 
a  school  house  for  the  use  of  said  district. 

Your  petitioners  therefore  pray  that  three  jud'cious  and  impar- 
tial freeholders  of  this  County,  residing  without  the  limits  of  said 
district,  be  appointed  by  this  Court  to  select  a  site  for  a  school 
house  and  appurtenances  in  said  district. 

And  your  petitioners  will  ever  pray,  etc. 

(Signed  here  by  Commissioners.) 


NOTICE  TO   FREEHOLDERS. 

FORM  OF   NOTICE. 

To 

You    are    hereby   notified    that  you    and and  have 

been  appointed  by  the  Levy  Court  of County  to  go  upon  and 

select  a  site   for  a  school  house  in  School  District  No.   ......  in  said 

County. 

We  have   fixed          . .  the day   of A.    D ,  at 

o'clock M.,  as   the  day  for  you  to  meet  and    select  the 

site  as  aforesaid. 

(Date)  (Signed  by  Commissioners.) 


Notice  should  be  sent  to  each  freeholder. 

FORM  OF  NOTICE  TO  VOTERS  OF  DISTRICT. 

Notice  is   hereby  given   that  we  have   selected the  . 


day  of A.  D at o'clock M. ,  for  the  meet- 
ing of  freeholders  appointed  by  the  Levy  Court  to  select  a  site  for 
a  new  school  house  in  this  District. 

(Signed  by  Commissioners.) 


92 

ASSESSMENT  AND  COLLECTION  OF  TAXES. 

As  to  the  proceedings  required  in  the  assessment  and 
collection  of  taxes,  the  law  is  so  explicit  that  explanations 
of  its  provisions  does  not  seem  necessary.  A  form  of 
notice  of  posting  assessment  list  is  given  below. 

POSTING  ASSESSMENT  LIST. 

FORM  OF  NOTICE. 

Section  18.  Notice  is    hereby   given   that  a  copy   of   the   assessment   list  of 

School  District  of   No is  posted  at for   inspection,  and 

that    we    will    sit    on the    day    of A.     D  ..,  at  

o'clock  M.,  at  to  hear  any  objection  to  said  list. 

(Signed   by  Commissioners.) 

The  form  of  warrant  to  collector  is  given  in  the  law  in 
Sec  lion  20. 

FORM  OF  NOTICE  TO    SCHOOL  COMMITTEE    OF  DISTRICT 

We,  the    undersigned,  tax  payers  in    School  District  No 

County   respectfully    petition   the   School   Committee   of  said 

district  to  call  a  meeting  of  the  school  voters  for  the  purpose  of 
voting  on  the  raising  of  a  tax  of dollars  to  be  used  in  repair- 
ing, building  or  furnishing  a  school  house  in  the  district. 

(Signed  by  Tax  Payers). 


INDEX 


A 

ADJOURNED  MEETINGS- 
(See  School  Meetings). 

APPEALS- 

State  Board  of  Education  to  hear  certain 7 

Concerning  colored  schools,  who  to  sit  as  member 7 

From  County  School  Commission 10 

ASSESSMENTS- 

Committees  to  make 27 

On  what  property 27 

List  of  assessables 28 

Lands  in  two  districts 28 

Amounts  to  be  raised 28 

Posting   list,  notice 29 

Appeals 29 

Additions  and  revisons 29 

In  colored  schools 29 

Amounts  to  be  raised , 29 

AUDITOR  OF  ACCOUNTS- 

(See  Graded  School.) 
(See  School  Fund. ) 

To  be  member  and  secretary  of   State  Board  of   Ed- 
ucation       5 

Settlement  of  superintendent  with 41 

To  settle  accounts  of  school  committees 41 

May  compel  settlement 42 

When  shall  refuse  settlement 42 

To  notify   officers  of    school  meeting  of  failure  of 
committee  to  settle .42 


2 

B 

BLANKS- 

State  Board  of  Education  to  issue  for  reports,  statis- 
tics, &c , 7 

BOARD  OF  EDUCATION- 

(See  State  Board  of  Education) 5 

(See  School  Committees) 5 

May  admit   pupils  of  other   districts  to  higher  de- 
partments   26 

BOOKS- 

(See  Text  Books) 

c 

CERTIFICATES  (Teachers) 

Superintendent  to  sign 37 

Countersigning 37-38 

Requirements  for 38 

Applicants  for  may   appeal 40 

CLERK  OF  DISTRICT- 
TO  notify  Clerk  of  Peace  of  names  and  addresses  of 
newly  elected  Commissioners  or  Board  of  Edu- 
cation    21 

Special  duties  of 22 

To  distribute  text  books 34 

To  be  responsible  for  safe  keeping  of  books 34 

To  sell  books  and  account  for    money 34 

CLERK  OF  THE  PEACE- 

Duty  of  in  relation  to  return  of  county  school  com- 
mission, of  colored  school  districts 12 

To  send  names  and  addresses  of  newly  elected  school 
commissioners  or  members  of  Board  of  Educa- 
tion to  auditor  and  trustee  of  school  fund 21 


COLLECTORS- 

Dalivary  of  warrant  to 30 

Powers 30 

Refusal  to  act • 31 

Demand  for  tax 32 

Time  in  which  to  collect  tax 32 

Neglect  to  pay  over 32 

COLORED  SCHOOLS- 

Examination  papers  for  teachers  in 6 

Appeals  concerning 7 

Supervision  of 8 

Division  of  counties  into  districts  for 11 

Numbers  of  districts 12 

Rights  and  powers  of  districts 12 

Changes  in  districts —  13 

Limitation  of  number  of  districts 13 

Meetings  in  new  districts,  notice 14 

Qualification  of  voters 13 

Share  in  school   fund 13 

Assessments  and  taxation  in 28 

Amounts  to  be   raised 28 

To  be  free  to  colored   children,  age 32 

Tax  necessary  to  entitle  to  school  fund 28 

Districts  may  be  altered,  &c.,by  County  School  Com- 
mission    68 

Appropriation  to   enlarge  and  rebuild  school  houses 
for,  in  Sussex  County,  under  control  of  County 

Commission 70 

County  Commission    to  decide  upon  location 70 

To  determine  amount,  not  to  exceed  one-half  neces- 
sary    70 

How  appropriation  is   paid 70 

COMPULSORY  SCHOOL  SYSTEM- 

Children  between 7  and  14  to  attend  schools  months 

annually 58 

Exceptions . , 58 

Districts  may  reduce  compulsory  period  to  3  months  58 


COMPULSORY  SCHOOL  SYSTEM  (Continued) 

Applicable  only  to  pupils  within  2  miles  from  school 

house 59 

Attendance   for   like  period   in  private   school,  ex- 
empts attendance  at  public  schools 59 

Private  Schools  to  report 59 

Violation  a   misdemeanor 59 

Penalty 59 

Appeal  to  General  Sessions 59 

Duty  of   Superintendent  before  prosecution 60 

What  notice  sufficient 60 

Fines,  to  whom  payable 60 

Attendance  officers 60 

Duties  of 60 

Compensation  of 61 

District  may  establish  special  truant  schools 61 

Incorrigible  truants  may  be   confined  in  Ferris   Re- 
form    61 

Pay  for  pupils 61 

Assessors,  duty  of 62 

Assessors,  fees  of 62 

Superintendent   to  send  list  of   children  to  teachers 

of  district -  62 

School  officers  may  correct  list 62 

Report  of  teacher 62 

Costs,  how  paid 63 

Violation,    a  misdemeanor 63 

State  Treasurer,  duty  of   as  to  dividend 63 

Expenses  of  enforcement  of  Act,    how  paid 63 

Superintendent  of  Wilmington,  same  power  as  County 

Superintendent 63 

CONSTITUTION- 

Children  to  be  instructed 25-68 

COUNTY  SCHOOL  COMMISSION- - 

(See  Graded  School.) 

(See  Normal  School  Pupils.) 

(See  Colored  Schools.) 

Supervision  of  schools  vested  in 8 


COUNTY  SCHOOL  COMMISSION  (Continued) 

How   composed 8 

How  appointed 8 

Term  of  office 8 

Political  complexion 8 

Senior  members 8 

Meetings 8 

Officers  of 9 

Quorum 9 

Oath  of 9 

Vacancies  in 9 

By-Laws  and  rules 9 

Object  of 9 

Powers  and  duties 9 

Reports  of 10 

To  hear  complaints 10 

To  be  sanitary  commission 10 

Power  to  condemn  buildings 10 

Per  diem  of 10 

Expenses  11 

Printing  and  postage 11 

Notice  of  meeting  of 11 

Division   of    counties   into    districts    for    colored 

schools f 11 

Meetings  for,notice 11 

Adjournment 12 

Return 12 

School  meetings  in  districts  laid  out,notice  of 12 

Numbering 12 

Acts  of  a  majority  of  to  bind 12 

Compensation  of  for  districting  colored  schools....  12 

Changes  in  districts 13 

Petitions  for  transfer  of  property,  altering  boun- 
daries and  creating  new  districts 13 

Determination  of  petition 14 

Certificate 14 

Requirements  for  new  district 14 

Calling  meeting  in  new  district 14 

Majority  of  commission  to  decide 14 

Report  of  teachers  to 39 


COUNTY  SCHOOL  COMMISSION  (Continued) 

To  report  failure  of  teachers  to  so  report 40 

Appeals  to,  of  applicants  for  certificates 40 

Colored  school  districts  may  be  altered.  &c.,  by 68 

Appropriation  to  enlarge  and  rebuild  school  houses 
for  colored  children  in  Sussex  County,  Expend- 
iture under  control  of  County  Commission 70 

To  decide  upon  location  of  building 70 

Shall  determine  amount 70 

How  appropriation  is  paid 70 

D 

DELAWARE  COLLEGE- 
(See  President  of) 

DELAWARE  COLORED  TEACHERS'  INSTITUTE— 
Payment  of  bills  of 41 

DISTRICTS- 

(See  School  Districts) 

DRAFTS- 

On  school  fund,  form  of 43 

E 

EXAMINATIONS- 

State  Board  of  Education  to  compile  or  cause  to  be 

compiled  sets  of  papers 6 

For  graded  schools 6 

Subjects  of  6 

New  papers 6 

Superintendents  to  frame  questions 37 

To  conduct 37 

Requirements  for  certificate 38 

EXECUTORS  OR  ADMINISTRATORS  - 

May  execute  warrant  of  collector 32 


F 

FLAGS- 

On  school  houses 24 

FREE  PUBLIC  SCHOOLS- 

Supervision  of 5-8 

To  be  free  to  whom .32 

FREEHOLDERS- 

To  secure  site  for  school  house 26 

Duty  of,  notice 26 

Plot,  damages 26-27 

Meetings,  adjourned,  etc 27 

Fees  and  expenses 27 

G 

GOVERNOR- 

To  be  a  member  and   President  of  State  Board  of  * 

Education 5 

To  appoint   County  School   Commissioners,  and   fill 

vacancies  in 8 

GRADED  SCHOOLS- 

Selection  of 47 

To  be  free  to  children  of  County  or  district 47 

Regulation 47 

Certificate  of  school  selected 48 

Powers  of  State  Board  of  Education 48 

Rules  governing  admission  of  children 48 

Advertisement  of 48 

Certificate  of  rules 48 

Alterations  of  rules 48 

Powers  of  County  School  Commissions 48 

Teachers  to  certify  admission  of  pupils,  to  whom 

made 49 

State  Board  to  certify  to  State  Treasurer 49 

Limit  of  number  of  pupils 49 

Pay  to  graded  schools  for  scholars  admitted 49 

When   and  how  paid 49 

Settlement  with  Auditor. 50 

Act  not  to  apply  to  Wilmington 50 


INCORPORATED  DISTRICTS- 

Law  applicable 46 

INSTITUTE,  TEACHERS'- 

Superintendent  to  hold 38-40 

Teachers  to  attend 39 

Expenses,  how  paid 40 

For  colored  schools 41 

Expenses,  how  paid 41 

K 

KINDERGARTEN- 

May  be  established 33 

L 

LEVY  COURT- 

Application   to   for  freeholders   to   select   site   for 
school  house 26 

LIBRARIES-- 

Appropriation  to   secure  circulating 51 

How  to  be  used 51 

Report 51 

Creation  of  State  Library  Commission 71 

How  composed 71 

Terms  of  office 71 

Vacancies 71 

Organization  of  Commisison 71 

State  Librarian,  Secretary  of 71 

No  salary 71 

Additional  powers 71 

State  Treasurer  to  pay  contingent  expenses 72 

Duties  of  Commission 72 

Make  Biennial  report 72 

School  district  may  recei  ve  bequests 72 

May  maintain  free  public  library 72 

Classification  of  districts  73 

School  districts  of  first  class 73 


LIBRARIES  (Continued) 

Question  of  free  libraries  to  be  submitted  to  electors 

of  district 74 

Petition,  number  of  petitioners 74 

Conditions  for  submission  in  districts,  67,  96,106  and 

107 74 

Vote  by  ballot 74 

Form  of  question  to  be  asked 74 

Qualification  of   voters,  election 74 

How  held,  notice  of 75 

Neglect  of  notice,  how  made  effectual 75 

Powers  of  Board  of  Education  or  School  Committee  75 

Taxation,  classification  of  districts 75 

Amount  of  tax  in  each  class 75 

Subsequent  annual  taxation 76 

Taxes  collected  same  manner  as  school  taxes 76 

Each  district  to   determine  amount  of   money  to  be 

raised,  not  less   than  minimum 76 

To  elect  School  District  Library  Commission 76 

Number  of  members 77 

Classification  as  to  number  of  members 77 

Members  of  School  Commission  may  be  members  of 

Commission 77 

First  meeting,  organization 78 

Treasurer,  bond  of 78 

Vacancy,  how  filled 78 

Library   property,  or   funds,  to  be  in  hands  of  Dis- 
trict Library  Commission 78 

Report 78 

Additional  powers 79 

Infraction  of  rules 80 

Penalty,  fines,  how  collected 80 

Disposition  of  fines 80 

Additional   powers  as  to  residents  without  the   dis- 
trict   80 

Consolidation  of  two  or  more  districts 80 

How  effected 80 

Amount  of  annual  appropriation  to  each  free  library 
district .  81 


10 

LIBRARIES  (Continued) 

Free  Public  Library  of  Dover  transferred  to  V.    S. 

District  of  "Dover  Public  Schools" 81 

Members   of   Library  Commission   to   be  continued 

for  election 81 

Corbit  Library  made  a   School  District   Library  of 

third  class 82 

District  Commission  may  borrow  money 82 

For  what  purpose 82 

Resolution  to  be  submitted  to  voters 82 

To  vote  by  ballot,  majority  to  determine 82 

Question   may   again   be  submitted  82 

Form  of 82 

To  certify  result  to  Board  of  Education 82 

Form  of  bond,  denomination,  rate  of  interest 83 

Amount  borrowed  not  to  exceed  certain   amount 83 

Bond,  how  signed 83 

Faith  of  district  pledged 83 

Meeting  for  approval  or  rejection 83 

Tax  for  payment  of  interest  and  to  establish  sink- 
ing fund  83 

How  raised 83 

M 

MAPS- 

For  schools 24 

MEETINGS- 

(See  School  Meetings) 

N 
NEW  DISTRICTS- 

(See  School  Districts) 

NON-RESIDENTS- 

Clerks  of  districts  to  notify  of  assessment 29 

NORMAL  SCHOOL  PUPILS- 

Money  for,  expended   by   County   School   Commis- 
sioners   56 


11 

NORMAL  SCHOOL  PUPILS  (Continued) 

From  what  section  of  State  selected 56 

Pupils  selected  to  enter  into  bond  to  teach  in  public 

schools 56 

Form  of  bond 56 

When  bond  may  be  enforced 57 

Money  to  be  paid  to  Commissioners 57 

Amount  per  week  to  pupil 57 

Appropriation  to  be  paid  to  County  School  Commis- 
sioners   57 

o 

OATH- 

Of  members  of  State  Board  of  Education  5 

Of  county  school  commissioners 8-9 

Of  school  committees 21 

OCCASIONAL  MEETINGS- 

(See  School  Meetings) 

P 

PETITION- 

For  new  district,  transfer  of   property  and   change  of 
boundaries 13 

PHYSIOLOGY  AND  HYGIENE- 

Instruction  in 24 

Failure  to  instruct 25 

PRESIDENT  OF  DELAWARE  COLLEGE- 

To  be  member  of  State  Board  of  Education 5 

Per  diem 7 

PRESIDENT  OF  STATE  COLLEGE  FOR  COLORED 
STUDENTS- 

To  sit  as  member  of  State  Board  of  Education,  when    8 


12 

R 
REPORTS- 

Of  State  Board  of  Education 7 

Of  school  committee  to  voters 21 

Of  teachers  to  commissioners 35 

Of  superintendent 36 

Of  teachers  to  State  Board  of  Education 39 

s 

SALARIES- 

Members  of  the  State  Board  of  Education  not  to  re- 
ceive, exception 7 

County  school  commission 10 

State  Treasurer 35 

County  superintendents 35 

Of  teachers 39-44 

SANITARY  COMMISSION- 

County  school  commission  to  be 10 

Rules  of  school  committees 25 

SCHOOL  COMMITTEES- 

Supervision  of  schools  in 21 

How  composed 21 

Term  of  office 21 

Election  of 21 

Oath 21 

Powers  and   duties 22 

Acts  of  majority  valid 23 

Vacancies  how  filled 23 

Misappropriation  of  funds 23 

Pay  over  moneys  to  successors 24 

To  have  no  compensation,  exception 24 

To  notify  superintendent  of  selection  of  teacher 24 

To  place  flag  on  school  house 24 

To  supply  school  with  maps 24 

Instruction  in  Physiology  and  Hygiene 24 

Ordering  teacher  not   to,  penalty..  .  25 


13 

SCHOOL  COMMITTEES  (Continued) 

Unlawful  to  employ  teacher  not  holding  certificate. .  25 

Instruction  in   constitution 25 

May  establish  joint  schools 25 

May  make  sanitary  rules  and  regulations 25 

Making  assessments 27 

To  fix  rate  of  tax 30 

May  receive  taxes 30 

Delivery  of  duplicate  and  warrant 30 

Suit  against  collectors 32 

To  furnish  text  books 33 

Ordering  books 33 

To  provide  for  safe  keeping  of   books 34 

Sale  of  books  to  pupils 34 

Report  of  teachers  to 35 

SCHOOL  DISTRICTS- 
(See  Colored  Schools) 

Transfer  of   property  in : 13 

New  ones 13 

Altering  boundaries   of .13 

Petition  for  transfer  of  property. 13 

By  whom  signed 13 

Petition  to  create  new  district,  by  whom  signed-. . .  13 

Notice  of  petition 13 

Determination  by   County  school   commission,  cer- 
tificate    14 

Requirements  in  creating  new  district- 14 

Number  of  new  district 14 

Rights  and  powers  of 14 

Notice  of  meeting  in 14 

Limits,  to  be  recorded 14 

Number,  location,  etc.,  to  be  certified  to  trustee  of 

school  fund  "  " 14 

Uniting  or  consolidating  of 15 

Existing,  continued 17 

Powers  to  take   property,  etc 17 

Suits  by . .  17 

But  not  to  possess  corporate  powers 18 

Joint  schools   in. .  .25 


14 

SCHOOL  DISTRICTS  (Continued) 

Pupils  of  other  districts  may  be  admitted  to  higher 

departments  in 26 

Districts  may  borrow  money  for  building,  &c 65 

Procedure  to  authorize 65 

Notice  of  election 65 

Second  election,  when  may  be  called 66 

Qualification  of  electors 66 

Form  of  ballots 66 

When  bonds  to  be  issued 66 

Bonds,  form  of,  &c 66 

How  executed 66 

May  issue  mortgage  instead  of  bond 67 

Mortgage  issued  under  same  condition  as  bonds  .  .  67 
District  to  provide  for  interest  and  sinking  fund  by 

taxation 67 

Such  tax  to  be  levied  and  collected  as  other  tax  .  .  67 
May  receive  bequests  for  free  public  library  ...  72 
To  maintain  Free  Public  Library  if  approved  by 

voters 72 

Nos.  67,  96,  106  and  107  of  first  class 73 

Electors  of  districts  to  determine   question  of   free 

libraries 74 

Petition,  number  of  petitioners 74 

Defining   conditions   for    submission   to   voters   of 

School  districts  Nos.  67,  96,  106  and  107  ...    74 

Vote  by  ballot 74 

Form  of  question  to  be  asked 74 

Qualification  of  voters,  election 74 

How  held,   notice  of 75 

Neglect  of  notice,  how  made  effectual 75 

Powers  of  Board  of  Education  or  School  Committee  75 

Taxation,   classification  of  districts 75 

Amount  of  tax  in  each  class 75 

Subsequent  annual    taxation 76 

Taxes  collected  same  manner  as  school  taxes  ...  76 
Each  district  to  determine  amount  of  money  to  be 

raised,  not  less  than  minimum 76 

To  elect  School  District  Library  Commission  ...  76 
Number  of  members 77 


15 

SCHOOL  DISTRICTS  (Continued) 

Classification  as  to  number  of  members 77 

Members  of  School  Commission  may  be  members  of 

Commission 77 

First  meeting,   organization 78 

Treasurer,    bond   of 78 

Vacancy,  how  filled 78 

Library  property,  or  funds,  to  be  in  hands  of  Dis- 
trict  Library  Commission 78 

Report 78 

Additional  powers 79 

Infraction  of  rules 80 

Penalty,  fines,  how  collected 80 

Disposition  of  fines 80 

Additional  powers  as  to  residents  without  the  dis- 
trict      ...    80 

Consolidation  of  two  or   more  districts *.    80 

How  effected 80 

Amount    of  annual    appropriation    to    each    free 

library  district 81 

Free  Public  Library  of  Dover  transferred  to  U.  S. 
District  of  " Dover  Public  Schools."  Members  of 
Library  Commission  to  be  continued  for  election  81 
Corbit   Library   made  a  School  District  Library   of 

third  class 82 

District  Commission  may  borrow  money 82 

For   what   purpose 82 

Resolution  to  be  submitted  to   voters 82 

To  vote  by  ballot,  majority  to  determine 82 

Question  may  again  be  submitted    v .82 

Form  of 82 

To  certify  result  to  Board  of  Education 82 

Form  of  bond,  denomination,  rate  of  interest  ...    83 
Amount  borrowed  not  to  exceed  certain  amount  •    .    83 

Bond,   how   signed 83 

Faith  of  district  pledged 83 

Meeting  for  approval   or  rejection 83 

Tax  for  payment  of  interest  and  to  establish  sink- 
ing fund 83 

How   raised 83 


16 

SCHOOL  FUND- 

Share  of  withheld,  when 10 

Share  of  colored  schools  in  .  • 13 

Uniting  or  consolidating-  of  districts   not  to  effect 

distribution  of 15 

How  constituted 42 

Trustee  of 42 

Apportionment  of 42 

Manner  of  distribution 43 

Deposit  of 43 

Drafts  on,  form  of 43 

For  what  purposes  used 44 

Part  left  over  in  districts  to  be  reapportioned  ...  44 

Deductions     45 

Amount  of  tax  to  entitle  to .  45 

Auditor  to  make  report  to  Trustee  of  School  Fund  .  52 

Appropriation 52 

How  divided 52 

Amount  to  be  raised  by  taxation 53 

Additional  dividends,  how   secured 53 

What  amounts  to  be  deducted, 53 

Trustee  of  School  Fund,  duty  of,  on  failure  to  com- 
ply  with  act 54 

Each  district  to  make   report  to  Trustee  of  Schcol 

Fund 54 

SCHOOL  HOUSES- 

(See  School  District) 

Condemnation  of ' 10 

Proposal  for  several 16 

School  committee   to  procure 22 

Securing  site  for 26 

Application  to  Levy  Court,  etc 26 

Exempt  from  taxation 32 

SCHOOL  MEETINGS- 

'First,  colored  school,  time 11 

Place,    notice 11 

In  new   districts,    notice 13 

For  uniting:  or  consolidating  districts  notice  ...  15 


17 

SCHOOL  MEETINGS  (Continued) 

Of  united  or  consolidated   districts .  16* 

Place  of  meeting      16 

Qualification  of  voters  at 18 

Illegal  voting,   penalty 18 

Stated 

Stated    meetings,   time  of  holding 18 

Place  of  holding, 19 

Open  one  hour • 19 

Business 19 

Order  of  business 19 

Stated  meetings  in  Kent  County 69 

Adjourned 

Adjourned   meetings 19 

Occasional 

Occasional   meetings 20 

Notice  of 20-21 

Laws  applicable 21 

Failure  to  meet  not  to  affect  power  to  proceed  .    .  20 

SCHOOL  MONEYS- 

Suits  for 17 

Collection  and  receipt   .    . 22 

Paying  over 22 

Misappropriation  of 23 

SCHOOL  OFFICERS- 

Existing  ones,  continued  .   .    . 17 

Nothing  in   Act   to   prevent   reappointment   or   re- 

electon  of 45 

Special  laws  relating  to,  continued 46 

SECRETARY  OF  STATE- 

To  be   member  of  State  Board  of  Education  ....    5 

SETTLEMENT  OF  ACCOUNTS- 

With   Auditor 41 

Penalty   for  failure 41 

What  settlement  must  show 42 

On  failure  to  make  returns  or  to  keep  schools  open 

as  required,  auditor  shall  not  settle 42 


18 

SETTLEMENT  OF  ACCOUNTS  (Continued) 

Notice  to  school  meeting  of  such  failure 42 

Drafting  on  school  fund 43 

STATE  BOARD  OF  EDUCATION- 

(See  Graded  School) 

To  have  supervision  of  schools 5 

How  composed 5 

Term  of  office 5 

Officers  of 5 

Meetings 5 

Quorum 5 

Oath     5 

Powers  and  duties  of 6 

By-laws,  rules  and  regulations 6 

Compiling  of  examination  papers 6 

Adoption  of  text  books 6 

Contracts  for  text  books 6 

To  hear  appeals  from  County  School  Commissioners  7 

Blanks  for  reports 7 

Report  for  General  Assembly 7 

Per  diem  of  senior  members  of  County  School  Com- 
missioners    7 

Bills  for  printing,  postage,  etc,,  of 7 

Who  to  sit  in  appeals  concerning  colored  schools, notice    7 

Superintendent  to  attend  meetings  of, 36 

Superintendent  to  execute  orders  of 37 

Superintendent  to  deliver  note  book  to 37 

Superintendents  to  frame  examinations  for  ....  37 

Report  of  teachers    to 39 

Appeals  to  from  applicants  for  certificates 40 

STATE  COLLEGE  FOR  COLORED  STUDENTS- 

President  to  sit  as  member  of  State   Board  of  Edu- 
cation when 7-8 

STATE  TREASURER- 

(See  Compulsory  School  System) 
To  pay  per  diem  to  certain  members  of  State  Board 

of  Education 7 


19 

STATE  TREASURER  (Continued) 

To  pay  certain  bills  of,  also 7 

To  pay   per  diem,  expenses,  etc.,  of  County   School 

Commissioners 11 

To  pay  County  School  Commissioners  for  layng  out 

colored  school  districts 12 

To  furnish  order  books  for  ordering  text  books  ...  33 

To  keep  account  of  books  ordered 33 

To  pay  for  books 34 

Allowance  to  for  services  under  act 35 

To  be  trustee  of  the  School  Fund 42 

To  pay   contingent   expenses 72 

STATED  MEETINGS- 
(See  School  Meetings) 

SUITS- 

Districts    may   maintain 17 

SUPERINTENDENT— County 

To  have  general  superintendence  of  schools  ....  35 

Appointment  of 35 

Salary   of 36 

Qualifications  of 36 

Duties   of 36 

Powers   of 37 

To  report  to  and  act  under  State  Board  of  Education  37 

Examination  questions 37 

List  of  text  books 37 

To  conduct  examinations 37 

To  make  and  sign  certificates 37 

Countersigning  certificates 38 

To  hold  teachers'  institutes 38 

Requirements  for  certificate 38 

Appeals   from 40 

Settlement  with   auditor  ...    • 41 

To  pay  money  for  Delaware  colored   teachers  State 

institute      • 41 

To  suspend  certificates  of  teachers  failing  to  report  40 


20 

SUPERINTENDENT— County  (Continued) 

To  give  certificate  to   teach   to   persons  holding  di- 
plomas from  Normal   School  or   College  ....    55 

Good  for  one  year 55 

When  certificate  may  be   renewed 55 

SUPERVISION  OF  SCHOOLS- 
(See  Superintendents.) 
General  supervision  in  State  Board  of  Education    5 

Vested  in  county  school  commissions 8 

In  school  committees 21 

SYSTEM  OF  SCHOOL- 

Rules  to  render  uniform 6 

County  School  Commission  to  investigate  .  9 

T 

TAXATION- 

Assessments  for  school  purposes  ....  27 

Amounts   to  be  raised  .... 

Additional   assessments 

Revisions  of  assessment •    .... 

Colored   Schools  .  • 29-30 

Determination  of  rate  of 

Discrimination   in 

Amounts  to  be  raised  to   entitle   districts   to  school 
fund 45 

TAXES- 

Determination  of  rate  of 

Receipt  of 

Abatement     • 

Warrant  and  duplicate 

Proceedings  and  power  of  collectors  .  30 

Attachment  for • 

Suits  for  .    . 

Refusal  of  collector  to  act 31 

Demand  for,   evidence 

Time  to  collect  in  . 

Neglect  to  pay  over  . 

School  property  exempt 


21 

TEACHERS- 

Exammation  papers  for  . 

Appeals  of  . 

Supervision  over 

c\n 

Employment  of 

Qualification  of 22 

Dismissal 22 

To  furnish  names  of  scholars 23 

Notice  of  selection  of 24 

Failure  to  instruct  in   physiology  and  hygiene    .    .  24 
Unlawful   to  employ,  when   not^holding  certificate, 

exception 2^ 

Instruction  in  constitutions 25 

To  report  to  commissioners  number  of  pupils,  attend- 
ance, days  of  school  and  condition  of  text  books  35 
Superintendent  may  revoke  certificate  of    ...    -    37 
Superintendent  to  make   and  sign  certificates  for  .    37 

Countersigning  certificates  of 

Institutes  for 

Requirements  for  certificates 

To  attend  institutes 

Salaries  of 


Annual  report  of,  affidavit 39 

Failure  to  report,  suspension 

Salary  of,  limit 44 


TEXT  BOOKS- 

f» 

Adoption  of 

Contracts ° 

Changes  in  lists b 

What  list  of,  shall  include t> 

To  be  furnished  pupils  free ** 

Ordering 

Order  books  for  ordering « 

Duplicate  order  books     .... 

State  Treasurer  to  keep  account  of &> 

State  Treasurer  to  pay  for 34 

Distribution   of jf* 

Sale  of 


22 

TEXT  BOOKS  (Continued) 

Clerks  to  turn  over  to  successor 34 

Safe  keeping  of 34 

Sale  of  books  to  pupils 35 

Teachers  to  make  report  of 35 

TRUSTEE  OF  SCHOOL  FUND- 

(See  School  Fund) 

State  treasurer  to  be 42 

To  withhold  dividend  when 10 

Clerk   of  the  peace  to  make  certificates  to  ....  12 

Distribution  of  school  fund  among  colored  schools  .  13 

To  apportion  and  distribute .    .    .  42 

Deposit  of  fund 43 

To  reapportion  moneys  not  used 44 

u 

UNITED  OR  CONSOLIDATED  SCHOOL  DISTRICTS- 

Name  of 15 

Manner  of  proceeding 15 

VACCINATION- 

Of  school   children 26 


VOTERS— 

(See  School  Meetings) 

w 

WARRANT- 

Form  of 31 

Delivery  of 

WILMINGTON- 

(Schools  of) 

Law  not  to  affect  46 


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'UP  9  1919 


